Law: King Edward Medical University, Lahore Act, 2005

Section: 13,9

Law: Constitution of Pakistan, 1973

Section: 199

(a) King Edward Medical University, Lahore Act (V of 2005)--- ----Ss. 13 & 9---Constitution of Pakistan, Art. 199 --- Constitutional petition--Statutory appointment---Appointment of Vice-Chancellor---Temporary appointment of Acting Vice-Chancellor---Interpretation of S.13(9) of the King Edward Medical University, Lahore Act, 2005---Petitioner impugned appointment of respondent as acting Vice---Chancellor on a stop-gap arrangement, on the ground that under S.13 of the King Edward Medical University, Lahore Act 2005, if the office of the Vice Chancellor was vacant, the Pro-Vice Chancellor was to perform functions of the Vice-Chancellor, and currently a Pro-Vice-Chancellor was available, therefore, temporary appointment of the respondent was illegal---Validity---Under S.13 of the King Edward Medical University, Lahore Act, 2005, Chancellor was vested with powers to make temporary arrangements for the performance of the duties of the Vice-Chancellor as he may deem fit and such temporary arrangement could only be recoursed to when office of the Pro-Vice-Chancellor was vacant and not otherwise and word "temporary" was used in the said section, for arrangements made by the Chancellor and not for the functions of the Vice-Chancellor to be performed by the Pro- Vice-Chancellor---Powers enjoyed by the Chancellor under S.9(7) King Edward Medical University, Lahore Act, 2005 were general powers of appointment to any post in the University and could not override the specific powers of appointing the Vice-Chancellor on a stop-gap arrangement as given in S.13(9) of the King Edward Medical University, Lahore Act 2005 ---Intention of the law was that the Pro-Vice-Chancellor by stepping into the shoes of the Vice Chancellor was to assume the role of the Vice-Chancellor and got to perform his functions and on the other hand, the temporary arrangement made by the Chancellor, in the absence of the Pro-Vice-Chancellor was of a different nature---Such person to be selected by Chancellor was only to perform the duties of the Vice-Chancellor, as deemed appropriate by the Chancellor, as opposed to the "functions" of the Vice-Chancellor under the law and such "duties" may entail only…

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