Law:

Section:

(a) North-West Frontier Province Public Service Commission (Function) Rules, 1974--- --R.---4---Constitution of Pakistan (1973), Art. 199---Competitive examination conducted by Provincial Public Service Commission to fill up various posts--­Candidates when called for interview gave their option for the respective posts--­Candidates were appointed to the respective posts in accordance with merit and whenever possible according to their options---Just after selection and allocation of posts on merits, some new posts were created and requisitioned from Public Service Commission---Public Service Commission decided to appoint those who were on waiting list on the newly created posts---Persons who had already joined service on the basis of same competitive examination made representation to be reallocated to the posts of their first choice but to. no effect---Petitioner's contention, that there was no concept of maintaining a waiting list of candidates for absorption of newly created posts and that the list maintained was only for absorption of vacant posts created by the non-joinders and that too in accordance with merit list, had much force---Constitutional petition by already appointed persons, however, was not maintainable because such persons were not aggrieved persons within the meaning of Art. 199 of the Constitution---No vested right of petitioners recognised by law stood invaded or denied to them---Petitioners were offered posts in different cadres according to their preferences within the limited posts---Petitioners having accepted and joined such service without any grievance and reservation were left with no vested right to ask for re-allocation of posts on the creation of new posts---Petitions were dismissed in circumstances. Associated Cement Companies Ltd. v. Pakistan through the Commissioner of Income-tax, Lahore Range, Lahore and 7 others PLD 1978 SC 151 and Dr. Habibur Rehman v. The West Pakistan Public Service Commission, Lahore and 4 others PLD 1973 SC 144 ref. (b) North-West Frontier Province Public Service Commission (Function) Rules, 1974-- -----R. 4---Constitution of Pakistan (1973), Art. 199---Petitioner having been placed on merit list was…

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