Law: Punjab Public Service Commission Regulations, 2016

Section: 59

Law: Constitution of Pakistan, 1973

Section: 4,199

(a) Punjab Public Service Commission Regulations, 2016--- ----Regln. 59---Constitution of Pakistan, Art. 199---Constitutional jurisdiction of High Court---Scope---Merit list---Discretion of appointing authority to provide substitute candidate from merit list---Scope---Posts of Sub-Inspector---Posts left vacant after recruitment process---Re-advertisement for posts left vacant--- Legality---Advertisement for recruitment of Sub-Inspectors was published by the petitioner-concerned department in the year 2015---After the requisite test and interview, respondent was placed at Serial No. 32 of the merit list---Last person who was appointed was at Serial No.31 of the merit list---Since the said person did not join, the respondent expected that he would be appointed against the available position---When the respondent was not appointed, he filed a representation and thereafter preferred a constitutional petition before the High Court, which was allowed, it was directed that since the merit list was valid for one year, the respondent should be appointed on the basis of the existing merit list and there was no need for the concerned department to re-advertise the said post---Plea of concerned department that the competent authority could send a request for a substitute candidate and on such request being received a substitute could be recommended by the competent department, however, in the present case since no request was received, the vacant posts were re-advertised---Validity---After completion of appointment process 3 seats from the region of the respondent, and 17 in total remained unfilled, which were re-advertised against the posts of Sub-Inspectors---Re-advertisement process was undertaken in a transparent and fair manner by the competent department, through an open competitive process, a written examination and interview---Persons qualifying in the process and appearing high on the merit list had since been appointed and such process had been repeated for three years---Respondent however did not bother to participate in the process initiated in the subsequent years i.e. 2016, 2017 and 2018, therefore, all posts available during the subsequent years were…

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