(1) If the posts established in accordance with Section 3 for the service of the province or local level cannot be filled even after adjustments are made in accordance with Sections 6 and 7, the respective province or local level shall send a request for filling the posts to the Provincial Public Service Commission.

However, until the establishment of the State Public Service Commission, the concerned state or local level shall send a request to the Public Service Commission through the Ministry.

(2) Sub-section (1) or Sub-section (7) of Section 9 or If there is a request according to (8), the State Public Service Commission or Public Service Commission will recommend a candidate for filling the position according to the law of the service of the respective state or local level. The number of posts will be determined and filled according to the provisions of the law. While filling the posts in this way, the posts will be filled from potential candidates who have attained the required minimum qualification of the post to be promoted in the respective province or local level of service one category or level below. The Public Service Commission or the Public Service Commission will advertise vacant posts at the state or local level and recommend suitable candidates to the respective state or local level for appointment. The respective province or local level shall appoint the employee recommended in this way. (4) Notwithstanding anything else written in this section, if the employee who has been adjusted to the service of the province or local level is not in service for any reason, the relevant province or local level shall be appointed to such position. The number of posts will be determined and filled according to the laws related to service.

(5) Notwithstanding anything written elsewhere in this section, until the formation of the State Public Service Commission, the employees who will be adjusted in the organization structure and ranks of the state and local level approved in accordance with section 3. The government of Nepal can request the Public Service Commission to recommend for the filling up of vacant posts at the provincial and local levels by projecting the number of posts that cannot be filled through adjustments.

(6) If a request is made according to sub-section (5), the Public Service Commission will take action related to the filling of the post and recommend to the relevant province or local level for appointment and the relevant province or local level shall appoint such employee.

(7) An employee appointed in accordance with sub-section (3) or (6) shall be deemed to have been appointed to the service post of the respective province or local level.