Waiting list

  1. Appointment from waiting list of PSC — argument that appointment of candidate falling at Sr. No.1 in the waiting list can be made against any vacancy occurred subsequently — held: the candidate placed by the PSC in the waiting list in the result of test and interview in response to advertisement issued by PSC on the requisition of the department, can only be appointed against the post if the candidate who was appointed on the recommendations of Commission fails to join service or he is declared medically unfit and department requested the PSC to recommend the candidate next in the merit from the waiting list prepared by PSC and this list shall remain valid only for 180 days. Further held: no candidate who has qualified the test and interview and is placed in the waiting list can be appointed against the post which becomes available after the test and interview have been conducted by the PSC in response to previously advertised vacancies.  Azad Govt. & 2 others v. Muhammad Qadir Javid and another 2014 SCR 479 (E)
  2. —a candidate from the waiting list or of any unit can only be appointed, if against the advertised post, any candidate fails to join or after joining once again it becomes available within 180 days for any other reason. Muhammad Luqman Jarral vs Azad Govt. & others 2018 SCR 891 (A)
  3. —validity of merit list/waiting list of NTS test—Policy Notification—through Notification dated 07.08.2017, amendment has been made the words/figures “365” have been substituted with figures “six months”. In view of the said notification the waiting list is valid for six months. Bushra Sarwar & another  v.Azad Govt. & others  2019 SCR 560 (B)
  4. —Appointment of—writ— appellant cannot claim entitlement to be appointed against disputed post being at serial No.1 in the waiting list— prepared in the result of advertisement dated 1.12.2010—appellant could only claim appointment against the advertised post if the same had fallen  vacant within a period of six month from the date of preparation of merit list— disputed post  became available being fresh, it has to be filled in after due course of law. Qadeer Ahmed Versus Azad Govt. & 6 others 2021 SCR 682 (C)
  5. —When a candidate appointed against a post on the recommendations of the selection committee/Public Service Commission, fails to join the service or he is declared medically unfit, then the department recommend the candidate for appointment next in the merit list from the waiting list prepared by the Selection Committee/Public Service Commission in the result of test and interview. The waiting list shall remain valid for 180 days from the date of selection of the candidates and sub-rule (3) makes it clear that the waiting list shall not be valid in case of fresh vacancy. Syed Altaf Hussain Bukhari v. Zeeshan Shoukat & others  2022 SCR 1088 (A) 2015 SCR 361 rel.
  6. —Selection Committee, not authorized to recommend candidates for appointment against newly created/vacant posts—or declare that the waiting list is valid for 180 days—High Court fell in error of law by accepting the writ petition and issuing order for implementation of recommendation of the Selection Committee. Amjad Hussain v. Khuram Nawaz Rathore & others  2022 SCR 1153 (G)
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