Law: Constitution of Pakistan, 1973

Section: 185(3),199

(a) Constitution of Pakistan --------- ----------Art. 199 --------- Constitutional petition --------- Maintainability --------- Alternate remedy --------- Civil service --------- Termination of service --------- Contract employee --------- Regular appointment, right of --------- Scope --------- Petitioner was appointed on contract basis --------- Post was advertised and contract of employee was terminated --------- Validity --------- Petitioner was appointed against newly created post on contract basis but subsequently, post was advertised --------- Petitioner had participated in the selection process of the said post --------- Nothing was on record to show that appointment of petitioner was made through proper procedure including advertisement --------- Appointment of petitioner could not be declared as legal and justified --------- Respondent-university had its own Syndicate and Senate in addition to the Chancellor --------- Petitioner had directly approached the High Court instead of approaching the appellate authority under University Statute --------- Constitutional petition was not maintainable in presence of alternate remedy in the shape of Departmental Appeal --------- Contract employee had no right to claim regularization or continuation in service by filing constitutional petition --------- Claim of petitioner was neither legal nor justified --------- Constitutional petition was dismissed in limine. 2011 PLC (CS) 1651 distinguished. 2013 SCMR 13; Federation of Pakistan through Secretary Law v. Muhammad Azam Chattha 2013 SCMR 120 and Suo Motu case 2013 SCMR 304 rel. (b) Constitution of Pakistan --------- ----------Art. 199 --------- Constitutional petition --------- Scope --------- Constitutional petition was not maintainable in presence of alternate remedy. (c) Civil service --------- ----------Contract employee --------- Such employee had no right to claim regularization or continuation in service. 2013 SCMR 13; Federation of Pakistan through Secretary Law v. Muhammad Azam Chattha 2013 SCMR 120 and Suo Motu case 2013 SCMR 304 rel. THIS JUDGMENT DELIVERED BY: WAQAR AHMAD SETH, JUSTICE:---------- The petitioner Miss Mehwish Asif through the instant…

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