Athar Minallah, C.J. The petitioner has invoked the jurisdiction of this Court under Article 199 of the Constitution of the Islamic Republic of Pakistan, 1973 seeking a direction to the respondents to issue her appointment letter pursuant to the recommendations made by the Federal Public Service Commission vide letter, dated 20-12-2017.
2. The respondents have filed written comments and the relevant paragraphs thereof are reproduced as follows.- "Meanwhile, Finance Division (Respond ent No.3) vide Budget Order/NIS for FY 2018-19 dated 13.04.2018 (Annex-G) discontinued 267 temporary posts of Pakistan Bureau of Statistics (Respondent No.4) considering them vacant. The discontinued posts also include 82 posts under recruitment in Federal Public Service Commission (Respondent No.1).
The case of the Petitioner is delayed due to discontinuation of 267 post by the Finance Division (Respondent No.3).
As and when, 267 posts including 82 are continued/regularized by the Finance Division (Respondent No.3), the Offer Letter for appointment will be issued as per rules. In this regard Respondent No.2 again approached on 19.02.2021 to respondent No.3 regarding continuation of said 82 posts (Annex-H)."
3. The learned counsel for the petitioner has been heard at length. He has conten ded that; once a candidate has been recommended by the Federal Public Service Commission, then issuance of appointment letter becomes mandatory . He has referred to office memorandum, dated 28-07-2010; a right has accrued in favour of petitioner and, therefore, the respondents cannot refuse issuance of the appointment letter; the Ministry of Finance has not objected to issuance of the petitioner 's appointment letter .
4. The learned Deputy Attorney General on the other hand has reiterated the stance taken by the respondents in their written comments.
5. The learned counsel for the petitioner and the learned Deputy Attorney General have been heard and the record perused with their able assistance.
6. The participation of a candidate in the selection process or recommendation made by the Federal Public Service Commission does not create a right in favour of a recommended candidate to claim that he/she be appointed against the post. The recommendations of the Federal Public Service Commission are subject to availability of the post for which the selection process was initiated. In the case in hand, the post was discontinued by the Finance Division. Whether or not the post ought to be created again is a policy decision and it would entail concurrence of the Finance Division and the concerned department. This Court would be interfering in the fiscal and administrative policies of the Federal Government if it directs the responden ts to create a post so that the petitioner could be appointed. An enforceable right has not been created in favour of the petitioner merely because she has been recommended by the Federal Public Service Commission. Even the Commission cannot compel the Federal Government to implement its recommendations, if the latter as a policy decision has decided not to create the post.
7. For the above reasons, the prayer sought in the petition in hand cannot be granted and, therefore, the petition is accordingly disposed-of.