Law:

Section:

(a) Women University of Azad Jammu and Kashmir Bagh Ordinance (VI of 2013)--- ----S. 10(2)---Women University of Azad Jammu and Kashmir Bagh Ordinance (XCIII of 2013), S.40(2)---General Clauses Act (X of 1897), Ss.6, 24 & 30---Azad Jammu and Kashmir Interim Constitution Act (VIII of 1974), S.44---Writ petition---Civil service---Appointment of Acting Vice-Chancellor for Women University---Transitory period---Discretionary power, exercise of---Scope---Contention of petitioner was that appointment of respondent as Acting Vice-Chancellor for Women University was without lawful authority and coram non judice---Validity---Respondent was appointed on deputation till the date of her retirement on attaining the age of superannuation---Women University of Azad Jammu and Kashmir Bagh (Ordinance VI of 2013), stood elapsed after its statutory life whereupon Ordinance No. XCIII of 2013 was promulgated---No provisions for transitory period had been made in the subsequent Ordinance---No saving clause was included in the new Ordinance---If an order was validly passed under an Ordinance which was re-enacted in second Ordinance then non-providing of saving clause would not affect the appointment made/action taken under the previous Ordinance---Appointment of Vice-Chancellor could be made by the Chancellor in accordance with the provisions of S.10(2) of Ordinance, 2013 which did not visualize acting appointment---Acting arrangement could be made by the Chancellor when office of the Vice-Chancellor was vacant or incumbent was absent or was unable to perform the function of the office due to illness or some other cause ---Chancellor could make such arrangement for the performance of duties of the Vice-Chancellor as he deemed fit---Acting appointment/ arrangement could be made when office of the Vice-Chancellor had been permanently filled in and he was unable to perform the functions---Appointment of respondent was without lawful authority---Powers provided in the subsequent Ordinance had already been exercised by the Chancellor by appointing the respondent for the transitory period and same powers could not be exercised second time---Discretionary power should be exercised…

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