Law:

Section:

(a) Constitution of Pakistan--- ----Art. 199(3)---Constitutional jurisdiction---Bar under Art.199(3) of the Constitution---Principle---Such bar is not attracted to the case where authority involved in the case acted without authority, mala fide and coram non judice. PLD 2009 SC 868 rel. (b) National University of Modern Languages Ordinance (XVIII of 2000)--- ----S. 11---General Clauses Act (X of 1897), S.21---Constitution of Pakistan, Art.199---Constitutional petition---Appointment of Director General of the University---Locus poenitentiae, principle of---Applicability---Petitioner assailed appointment of Director General of National University of Modern Languages and claimed to be so appointed as he had already been performing the same duty---University contended that petitioner was neither language expert, nor was Brigadier of Army Education Corps and his appointment was made in exigency of service of as stopgap arrangement---University further contended that appointment of Director General of the University would be made according to provision of S.11 of National University of Modern Languages Ordinance, 2000, on the first available opportunity---Validity---Petitioner could not claim restoration against post of Director General, against which he had no lawful right---Under the principle of locus poenitentiae, the competent authority was vested with powers to rescind an illegal order---Appointment of petitioner as Director General was not in accordance with S.11 of National University of Modem Languages Ordinance, 2000, and it had rightly been cancelled/withdrawn by the department---High Court declined to interfere in the appointment made by the University---Petition was dismissed in circumstances. 2001 SCMR 1320; 2002 SCMR 312; 2008 CLC 766; PLD 2010 SC 554; 2010 PLC (C.S.) 276; 2008 PLC (C.S) 715; 2011 PLC (CS) 125; 2008 SCMR 544; 1998 SCMR 2419; 2006 SCMR 678; 2011 PLC (C.S.) 419; 2010 PLC (C.S.) 266; 1998 SCMR 2268; 1999 SCMR 2189; PLD 1972 SC 332; 2004 SCMR 468; 2003 SCMR 1128 and 2005 YLR 1719 distinguished. 1988 SCMR 516; 1986 SCMR 1071 and Raunaq Ali v. Chief Settlement Commissioner PLD 1973 SC 236 ref. ORDER MUHAMMAD ANWAR KHAN KASI. J.--- Listed…

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