Case Details

Citation(s)
2014 SLG 1274 2014 SLD 1274 2014 PLC 433
Lahore High Court
Writ Petition No.12685 of 2012, decision dated: 6-03-2013, hearing DATE : 19-02-2013
IJAZ AHMAD, J

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AMER BASHIR ZIYA

VS

BAHAUDDIN ZAKARIYA UNIVERSITY, MULTAN through Vice Chancellor and 4 others

Law:

Section:

(a) Baha-ud-Din Zakariya University Act (III of 1975)---S. 11-A---Calendar of Baha-ud-Din Zakariya University, Multan, Vol. I, Chap. VII, Paras Nos. 3 & 6---Constitution of Pakistan, Art.199---Constitutional petition---Professor of Physics, posts of---Recommendation of respondent's name for such post by Selection Board without considering other two candidates including that of petitioner while disagreeing with evaluation reports made by two Referees/Experts against the respondent---Validity---Selection Board had not given any reason for its disagreement with such reports---Selection Board could not brush aside such reports by mere relying upon opinion of Dean of Faculty and Chairman considering respondent as suitable candidate---Result of allowing Selection Board to disagree with such reports on such ground would be that no referee would take pain to evaluate publications, research papers and supervise Ph.Ds. and research reports regarding candidates---High Court partly accepted constitutional petition while directing University to reconsider matter of appointment to such post including the respondent. Al-Jehad Trust through Raeesul Mujahideen Habib-ul-Wahabb-ul-Khairi and others v. Federation of Pakistan and others PLD 1996 SC 324 rel. (b) Words and phrases--- ----"Consultation"---Meaning explained. Muhammad Anis and others v. Abdul Haseeb and other PLD 1994 SC 539; Black's Law Dictionary; Benazir Bhutto v. President of Pakistan PLD 1998 SC 388 and Pakistan Medical and Dental Council v. Ziauddin Medical University and others PLD 2007 SC 323 ref. (c) Calendar of Baha-ud-Din Zikariya University, Multan--- ----Vol. I, Chap. VII, Paras.5 & 6---Teachers in University, appointment of---Non-giving due weight by Selection Board to opinions of Experts/Referees nominated by Vice-Chancellor---Effect. JUDGMENT IJAZ AHMAD, J.--- The petitioner boasts of a Ph.D degree in Physics in his credit from B.Z.U. Multan, He was initially appointed as a Lecturer. Thereafter he served as Assistant Professor and Associate Professor of Physics and later on, at the same post under Tenure Track System in the Department of Physics on monthly salary package of Rs.1,20,000 per month,…
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