Law: Constitution of Pakistan, 1973

Section: 2A,18,199

Civil service--- ----Appointment---Non-joining of service by the successful candidate---Effect---Department advertised five posts of Junior Clerk for appointment---Petitioner secured 6th position however candidate at Serial No. 5 did not join the service---Contention of petitioner was that he was entitled for appointment against the post left by the candidate who stood at Serial No.5 whereas department contended that vacant post should be re-advertised to be filled through open competition---Validity---Petitioner secured 6th position in the open competition held by the department and candidate at Serial No. 5 of merit list did not join the service---Petitioner candidate had substituted him being next on the merit list prepared by the department---Petitioner had earned legitimate expectancy and was entitled to be appointed against the post applied for---If department was permitted to fill the vacant post through fresh advertisement then it would deprive the petitioner from his acquired right and defeat the principles of fairness, reasonableness and justness---Petitioner had fulfilled the requisite qualification and criteria and he had successfully passed all the stages of selection---Petitioner had been deprived of appointment to the post applied for by him on untenable grounds---Action of department refusing to appoint the petitioner against the post applied for was declared illegal and of no legal effect---Department was directed to consider the petitioner for appointment against the post applied for with immediately effect---Constitutional petition was allowed, in circumstances. Government of NWFP through Secretary Education Department Peshawar and others v. Qasim Shah 2009 SCMR 382; Sumara Umar Awlan v. Chancellor Gomal University, D.I. Khan and 4 others 2014 PLC (C.S.) 526; Muhammad Ismail and others v. Secretary Education Government of Punjab and another 2000 PLC (C.S.) 112; Secretary of Government of NWFP C&W Deptt: and 3 others v. Jamal Abdul Nasir 2003 PLC (C.S.) 977; Muhammad Naeem Sadiq v. Board of Intermediate and Secondary Education Gujranwala through Chairman and others 2003 PLC (C.S.) 1309 and Ikramullah Saeed v. Chief Secretary Government of…

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