Law:

Section:

Punjab Public Service Commission Regulations, 1987-- ---Reglns. 27 & 30--Recommended candidate failing to join service on being declared to be medically unfit--Effect--Remedy--Limitations on powers of Commission--Substitute can be provided from the same merit list, if so requested by the Department concerned within a period of one year from the date of issue of the recommendations or till the next selection for a similar post whichever is earlier--In the absence of such request by the Department for a substitute on account of previous recommendee failing to join the service, Public Service Commission, could not act under Regln. 27, to recommend such a substitute, and thus no direction could be issued by Court to Public Service Commission for recommending the name of the substitute--Appellant claiming to be recommended as a substitute also, could not be recommended as a substitute, inasmuch as before the post fell vacant, on account of non-joining of recommendee Department had made a requisition for similar posts and thus embargo envisaged by Regln. 30, on the exercise of powers vested by Regln. 27, had by the efflux of time, emerged in the field, divesting Public Service Commission from exercising powers available to it under Rcgln. 27--Appeal being devoid of merit was dismissed. Mazhar Hussain v. Province of Punjab P L D 1985 Lah. 394 ref. Anwar Ali for Appellant. JUDGMENT MAHBOOB AHMAD, J.--This Intra Court Appeal under section 3 of the Law Reforms Act, 1972, is directed against judgment dated 19-2-1989 delivered by a learned Single Judge of this Court in Writ Petition No. 68 of .1989. By the said order that writ petition was dismissed. 2. The facts may briefly be summarized as under:-- On requisition by the Punjab Health Department the Public Service Commission took steps for selection of candidates for seven posts of Pathologists in the Health Department Punjab. On 9-7-1988 seven candidates from the merit list were recommended for appointment by the Commission. The appellant claims to be at No. 8 of the merit list. Before the seven posts aforementioned could be filled in two other posts of the same nature fell vacant and a requisition was sent by…

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