Law:

Section:

(a) Civil service--- ---Vacant posts, filling of---After the process of written test and interview a merit list was prepared by the Provincial Public Service Commission (‘the Commission) for appointment against the advertised posts---Some of the candidates who had been recommended by the Commission had either not joined or after joining quit the posts in question with the result that a few posts fell vacant and were available to be filled who were neither recommended nor their names appeared on the merit list, claimed that they had also passed the written test and interview but secured lesser marks than those recommended for appointment against the available posts; that the vacant and available posts should have been filled by going down the merit list and the petitioners should have been appointed against the said posts---Held, that there is no obligation on the Commission to prepare a list of the candidates who had failed to meet the merit or a waiting list to cater for a situation where a candidate otherwise qualified but having scored less marks than the other candidates may be appointed in case a seat became available in the future---In the absence of any provision in the law requiring the Commission to maintain a complete list of successful candidates whether or not they were recommended for appointment or obligating the Commission to maintain a waiting list, no legal or constitutional right accrued in favour of the petitioners to claim appointment and use the mode of approaching the High Court seeking to invoke its constitutional jurisdiction to grant relief---Petition for leave to appeal was dismissed and leave was refused. Government of NWFP v. Qasim Shah 2009 SCMR 382 distinguished. Musa Wazir v. NWFP Public Service Commission 1993 SCMR 1124 ref. (b) Constitution of Pakistan--- ---Art. 199---Constitutional jurisdiction of the High Court---Scope---High Court lacked jurisdiction or power to create rights which were not provided by the Constitution or a validly enacted law. (c) Constitution of Pakistan--- ---Art. 185(3)---Leave refusing order of the Supreme Court---Such order did not constitute precedent. (d) Civil service--- ---Vacant posts, filling…

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