Law:

Section:

International Islamic University Ordinance (XXX of 1985)-------S. 12---Constitution of Pakistan, Arts.199 & 25---Constitutional petition---Contract appointment to the post of Professor made without advertisement---Discrimination---Petitioners had applied to advertised posts of Professors, however, subsequently, said advertisements were cancelled and the respondents were directly appointed to the said posts---Contention of petitioners was that such appointments were violative of merit policy and against principles of justice---Validity---Even for contract employment, advertisement of post was not only essential but in order to ensure transparency and competition, it was also mandatory---Respondents were inducted through a questionable process which could not be accorded approval by the court---No person could be extended favour on the ground that he was distinction holder---Stance of University/employer was not only dubious but also a violation of Art.25 of the Constitution, as other equally placed candidates were awaiting appointment and had been discriminated against---High Court declared appointment of respondents as illegal and directed the University to advertise the posts---Constitutional petition was allowed, in circumstances. Suo Motu Case No.24 of 2010 PLD 2011 SC 963 ref. Syed Javed Akbar Shah for Petitioners. Rehan-ud-Din Khan and Mian Imran Masood for Respondents Nos.1 to 5. Riaz Hussain Azam for Respondent No.5. Malik Anwar Mukhtar for Respondent No.6. Date of hearing: 16th July, 2012. JUDGMENT SHAUKAT AZIZ SIDDIQUI, J.--- Petitioner, invoked the constitutional jurisdiction of this Court, by way of filing instant writ petition, with the following prayer:--- "Wherefore, it is most respectfully prayed that this Hon'ble Court may be pleased to:--- (a) Declare the impugned appointments and the respective notifications that is Notification No.Estab.2(02)/2012-IIU-3509 dated 4-11-2011 and Notification No.Estab.2-9509/ 20124-IIU-3532 dated 18-11-2011 to be illegal and void ab initio and set them aside; (b) Direct respondents Nos.2 and 3 to follow the recruitment of different posts at respondent No.1 as advertised under the advertisement of June 2011;…

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