Law:

Section:

Civil Service-----Appointment---No material was available on record to prove that by induction of civil servants in service, quota or merits determined by Public Service Commission would be disturbed---Presumption in circumstances would be, that civil servants on account of their merit and quota were entitled to be accommodated in service as was claimed by them---Civil servants who had availed remedy well in time and otherwise deserved relief, must be given preference. Abdul Qadeer v. Azad Government 2000 SCR 22 ref. Abdul Rashid Karnahi, Assistant Advocate-General for Appellants. Farooq Hussain Kashmiri, Advocate for Respondents Nos. l to 4 and 6 to 9. Ghulam Mustafa Mughal, Advocate for Respondent No.5. Khawaja Shahad Ahmad, Advocate for Respondent No.7. Date of hearing: 3rd July, 2001. JUDGMENT KHAWAJA MUHAMMAD SAEED, J.---This appeal with the leave of the Court is directed against the judgment of the High Court passed on 1-2-2001 whereby a direction was issued to Education Department that respondents on whose writ petitions a relief was initially allowed by the High Court vide judgment dated 14-7-2000 are entitled to be considered first if they find place in the list of successful candidates prepared by the Public Service Commission. 2. The facts relevant for the decision of this appeal briefly stated are that requisition of various vacant posts for appointment was sent to Public Service Commission by the Education Department. All these Posts were advertised by the Public Service Commission vide advertisement No.2 of 1998. Various candidates who were eligible to contest for their induction in service applied and later on appeared in test and interview which was conducted by the Public Service Commission. The contesting respondents herein later on filed writ petitions in the High Court in which they claimed that the Education Department has deliberately withheld certain vacancies in order to accommodate persons of their choice against these vacancies. According to them this practice was highly objectionable. These respondents had further claimed that they being duly qualified were entitled to be accommodated against withheld vacant posts. These writ…

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