The Lahore High Court has ruled that a candidate on a merit or waiting list can only be considered for appointment if a selected candidate either does not join or voluntarily leaves after joining.
However, according to Justice Abid Aziz Sheikh, if an employee is dismissed from their position, the vacant post must be filled through a fresh recruitment process rather than appointing the next person on the list.
The court issued this decision while dismissing a petition filed by Babar Sultan, who had applied for a Secondary School Educator (SSE) position in Pakpattan under the 2011 Recruitment Policy.
Sultan, fifth on the merit list, sought the position after one of the four appointed candidates was dismissed under the Punjab Employees Efficiency, Discipline, and Accountability Act 2006.
The petitioner argued that the vacancy created by the dismissal should go to the next person on the merit list. However, the Punjab government opposed the claim, stating the dismissed individual had already joined the post, making the vacancy ineligible for a waiting list appointment.
Justice Sheikh clarified that a dismissal carries legal complexities and potential appeals, meaning the next candidate cannot be appointed until the dismissal is finalized. The court emphasized that such vacancies must be filled through new recruitment, not the waiting list, and dismissed the petition as lacking merit.