Law:

Section:

King Edward Medical University Lahore (Amendment) Act, 2012-- ----Ss. 9(7)(b) & 13(9)--Constitution of Pakistan, 1973, Art. 199--Constitutional petition--Appointment of acting vice chancellor--Powers and functions of Chancellor--Temporary arrangements--Validity--Section 13 (9) of Act shows that Pro-Vice-Chancellor, who also happens to be next officer in order of seniority to Vice-Chancellor (see Section 8 of Act), automatically assumes office of Vice-Chancellor and starts performing functions of said office--Powers and functions of Vice-Chancellor are listed in Section 14 of Act and it is expected that Vice-Chancellor performs said functions in terms of Section 13 (9) of Act--Pro-Vice-Chancellor was available, therefore, Chancellor could not invoke powers under Section 13 (9) of Act and pass impugned order appointing Respondent No. 8--Powers enjoyed by Chancellor under Section 9 (7) are general powers of appointment to any post in University and cannot override specific powers of appointing Vice-Chancellor on a stop-gap arrangement as given in Section 13 (9) of Act--Impugned order dated 13.03.2017 issued by Specialized Health Care & Medical, Education Department, Government of Punjab, is declared to be violative of Section 13 (9) of Act and is, therefore, set aside--Pro-Vice-Chancellor of University is directed to assume functions of Vice-Chancellor with immediate effect in terms of Section 13 (9) of Act till such time regular Vice-Chancellor is appointed--Petition was allowed. Word and Phrases-- ----Function and Duty--Word "function" means; activity that is appropriate to a particular profession, or special activity or purpose of a person--While word "duty" means; a legal obligation that is owed or due to another and that needs to be satisfied; that which one is bound to do, something that you feel you have to do because it is a legal responsibility. THIS JUDGMENT DELIVERED BY: SYED MANSOOR ALI SHAH, CHIEF JUSTICE--- .--- This is a petition seeking a writ of quo warranto against Respondent No. 8 (Professor Dr. Asad Aslam Khan) who has been appointed as an acting Vice-Chancellor on a stop-gap arrangement at the King Edward Medical University vide order…

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