Law:

Section:

Civil service---

----Balochistan Levies Force---Post of Wireless Operator---Recruitment---Legitimate expectation, doctrine of---Successful candidate(s), non-appointment of---Scope---Petitioner was one of those candidates having been recommended as successful, however, his appointment order was not issued despite lapse of considerable period---Contention of the respondent (Government departments) was that there was public outcry over alleged irregularities /favoritism, and due to lapse of considerable time the posts had been re-advertised---Validity---Respondent in the para-wise comments had not mentioned any reason for not approving the names of recommended candidates---Mere bald assertion on the part of officials / respondents could not be termed as gospel truth---There was no specific allegation against the recruitment committee that it had favoured some candidates---Respondent was under obligation to prove the allegation with record, and had not annexed any document in regard of any action taken against the recruitment committee for conducting the test and interview in a non-transparent manner---Contention of the respondent was misconceived as after completion of recruitment, the process could not be cancelled on sweet-will or in capricious manner---When a right has accrued the same cannot be taken away without due process of law---Petitioner, and others, were expected to be appointed---Doctrine of legitimate expectation was applicable in the present case---Recommendation of the petitioner and others could not be brushed aside on the whim of the respondents---There seemed absolutely no justification for delaying the matter for about two years which had caused harm, mental agony to the candidates---High Court directed the respondent that as per recommendation of the recruitment committee, the order of appointment of successful candidates be issued within one month---Constitutional petition was allowed, in circumstances.

Uzma Manzoor v. Vice-Chancellor Khushal Khan Khattak University, Karak, 2022 SCMR 694 and Munir Ahmed v. Minister for Home and Tribal Affairs, Government of Balochistan, Quetta, 2007 PLC (C.S.) 679 ref.