Law:

Section:

Civil service--- ----Recruitment---Legitimate expectation, principle of---Applicability---Waiting list---Selection process, delay in---Petitioner was candidate for post of constable in police, who was not recruited despite the fact that he was on waiting list and a vacancy occurred---Validity---Purpose of preparing waiting list at the time of affixing list of selected candidate was to have a contingency reserve i.e. a pool of successful candidates who could immediately fill vacancies as they arose instead of initiating recruitment process afresh for a limited number of posts that could become available due to non-joining or vacancy of post after joining by selected candidates---Candidates on waiting list were to be considered for appointment (i) if selected candidate did not join at all or (ii) after joining left the post before expiry period of waiting list---Authorities were required to complete initial appointment process by appointing selected candidates within stipulated time period i.e. for which waiting list was kept valid and not to delay the same unnecessarily beyond that period---Initial appointment process was not completed within 90 days, therefore, delay could not be attributed to petitioner, who had developed a legitimate expectation to be considered for appointment in case selected candidate did not join---Order passed by authorities rejecting application of petitioner on account of delay in filing his application was not sustainable due to lapse on part of the department in completing recruitment process within time---High Court directed the authorities to process case of petitioner for appointment against vacant posts subject to his being otherwise qualified for post in question and set aside the order passed by authorities---Constitutional petition was allowed accordingly. Muhammad Ramzan and others v. Chief Executive Officer and others 2022 PLC (C.S.) 759; Rafaqat Ali v. Executive District Officer (Health) and others 2011 PLC (C.S.) 1615; Government of N.W.F.P. through Secretary, Education Department, Peshawar and others v. Qasim Shah 2009 SCMR 382; Dr. Sumera Tabassum v. F.P.S.C. and others 2016 SCMR 196; Province of Sindh and others v.…

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