Law: Qanun-e-Shahadat (10 of 1984)

Section: 91

Law: Constitution of Pakistan, 1973

Section: 185(3)

(a) Civil service--- ----Appointment---Candidates on waiting list---Advertised posts falling vacant after selected candidate/s refusing to join---When some of the selected candidates did not join service, and such posts remained vacant, it was imperative for the department to consider the remaining candidates (on the waiting list) for appointment against the said posts because these posts could not be kept vacant till the next process of recruitment, if some selected candidates were still available on the waiting list. Government of NWFP v. Qasim Shah 2009 SCMR 382 ref. (b) Qanun-e-Shahadat (10 of 1984)--- ----Art. 91---Judicial proceedings, sanctity of---Judicial proceedings had sanctity---Presumption of correctness was attached to such proceedings before a judicial forum. Muhammad Ramzan v. LDA 2002 SCMR 1336; Fayyaz Hussain v. Akbar Hussain 2004 SCMR 964 and Waqar Jalal Ansari v. National Bank of Pakistan 2008 CLD 1202 ref. JUDGMENT SAYYED MAZAHAR ALI AKBAR NAQVI, J.---Through this petition under Article 185(3) of the Constitution of Islamic Republic of Pakistan, 1973, the petitioners have assailed the order dated 20.09.2021 passed by the learned Lahore High Court, Lahore, whereby the Constitutional Petition filed by the respondent was allowed and the departmental order dated 06.02.2020 rejecting respondents application for his appointment as Sub-Inspector (BPS-11) being next in merit was set at naught. 2. Briefly stated the facts of the case are that pursuant to an advertisement dated 02.07.2017, Punjab Public Service Commission invited applications from the eligible candidates for recruitment of four posts of Sub-Inspector (BPS-11) in the Punjab Cooperatives Department, Khushab. After written test and interview, a final seniority list was prepared wherein the respondent stood at Serial No. 8. Vide letter dated 26.09.2017, the Punjab Public Service Commission recommended the appointment of first four candidates of the seniority list and the names of the persons who secured 5th to 8th positions were kept at waiting list. Out of the four recommended for appointment, the candidate at Serial No. 1 namely Muhammad Irfan Zafar was selected for a higher post i.e.…

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