Law:

Section:

Civil service--- ----Refusal of Public Service Commission to recommend the candidate---Scope---Petitioner challenged the impugned refusal/order of the Public Service Commission for not recommending his name for appointment against the post despite being on top of the waiting list on the eve of non-joining of the one of the recommended candidates---Validity---Prior to the present process of appointment, the Commission had earlier initiated another process of appointment against the same post and in the said process of appointment the recommended candidate was appointed, therefore, there existed no reason that petitioner would also join the present post---High Court allowed the petition, declared that the case of petitioner did not fall within the mischief of non-joining policy of the Provincial Government and accordingly, held the refusal of the Commission for further recommendation of petitioner to the appointing department against the post concerned as illegal. Musa Wazir and 2 others v. N.W.F.P Public Service Commission through its Chairman and others 1993 SCMR 1124 and Naimatullah and another v. N.W.F.P., Public Service Commission, Peshawar and others (Civil Petition No.1697/2010) rel. JUDGMENT SYED ARSHAD ALI, J.----Through the instant constitutional petition, the petitioner has challenged the impugned refusal/order of the Khyber Pakhtunkhwa, Public Service Commission (respondents Nos.1 to 3) by not recommending his name for appointment against the post of Subject Specialist (Statistic) despite being top on the waiting list on the eve of non joining of the one post by one of the recommended candidate namely Wazibullah. 2. The learned counsel appearing on behalf of the petitioner has argued that the petitioner had applied against the post of Subject Specialist Statistic, pursuant to the advertisement issued by the respondent/Public Service Commission. His name appears at serial No.79 of the merit list. He being the domicile of Bajour, falls in Zone-I. Wazebullah who also belong to Zone-I, was one of the candidate from Zone-I, who was recommended for the post, however, despite the fact that he did not join the service as he was already appointed against the…

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