Law:

Section:

Constitution of Pakistan---Art. 199---Constitutional petition---Appointment to academic positions---Petitioners impugned appointment of respondents to various academic positions at the University without advertisement and adherence to competitive process---Validity--- Appointments were made without competition and advertisement---Transparency and rule of law were the only mechanisms through which institutions could be run in order to achieve the objectives for which they were established---Mannerism in which the respondents were inducted could not be termed less than dubious and sham---High Court set aside appointment of respondents, and declared the same to be non-transparent, and illegal---Constitutional petition was allowed, in circumstances. Constitutional Petitions Nos.11 and 23 of 2012 rel. ORDER 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 declare the Impugned Appointments to be illegal and void ab initio and the same be set aside. " 2. Grievance of the petitioners is that respondents Nos.4 to 6 have been appointed on contract without publication of posts through open advertisement which is against the fundamental principles of law. It is contended that appointment of respondent No.4 is in blatant violation of the Notification dated 4-11-2010 of the Higher Education Commission, which is regulatory and supervisory authority of the University. The said Notification, which was addressed to the head of all the Universities of the country inter alia, says; "Retired faculty members should not be appointed at academic or other administrative positions." Whereas, respondent No.5 has no qualification whatsoever to be appointed as Consultant/Assistant Professor (BPS-19) as Editor of Fikr-o-Nazar as he is an M.A. 2nd Division in Political Science and B.Sc. 3rd Division. For the post of Assistant Professor (BPS-19) one should be either Ph.D. in the relevant field or should have Foreign Master's Degree or MS/M.Phil equivalent degrees awarded after 18 years of…

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