Law: Punjab Public Service Commission Regulations, 2016

Section: 59,62

Punjab Public Service Commission Regulations, 2016--- ----Reglns. 59 & 62---Advertised post---Creation of vacancy due to non-joining by any of the successful candidates---Appointment of a substitute candidate against the vacant post---Scope---Plain reading of Reglns. Nos. 59 & 62 of the Punjab Public Service Commission Regulations, 2016 showed that a substitute could indeed be provided by the Provincial Public Service Commission from the merit list during its validity period if so requested by the department concerned---Obligation to recommend a substitute candidate was conditional upon a request being made by the concerned department, and no automatic right of appointment against post vacated could vest in a candidate who had not been selected. Provincial government advertised posts of junior special educators. After going through the process of written test and interview respondent-candidate was placed at Sr. No. 108 on the merit list and was not recommended for appointment. Two other candidates who stood at Sr. Nos. 20 and 44 on the merit list and were recommended for appointment against the posts in question did not join. Respondent who stood at Sr. No. 108 on the merit list, claimed a right to be appointed relying on Regulations 59 and 62 of the Punjab Public Service Commission Regulations, 2016 ('the 2016 Regulations'). Claim of respondent was denied. Subsequently Provincial Government re-advertised the two posts vacated, however, the respondent did not participate in the fresh recruitment process and insisted that a right had already accrued in his favour by reason of two vacancies having become available as the recommended candidates appearing at Sr. Nos. 20 and 44 on the merit list did not join. High Court while relying on the Regulations 59 and 62 of the 2016 Regulations allowed the writ petition of the respondent and issued directions to the concerned department to issue appointment letter to him subject to availability of post. Plain reading of Regulation No. 59 of the 2016 Regulations showed that a substitute could indeed be provided by the Provincial Public Service Commission from the merit list during its validity period if so requested…

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