| Citation(s) |
|---|
| 2018 SLG 117 2018 SLD 117 2018 PLC 1 |
Lahore High Court
W.P. No. 81711 of 2017, hearing Date : 03-11-2017
SYED MANSOOR ALI SHAH, CHIEF, JUSTICE
Petitioner by: Asad Ullah Chathha and Qaisar Imam
Respondent by: Anwaar Hussain and Ahmad Hassan Khan, Additional Advocates General, Punjab
W.P. No. 81711 of 2017, hearing Date : 03-11-2017
SYED MANSOOR ALI SHAH, CHIEF, JUSTICE
Petitioner by: Asad Ullah Chathha and Qaisar Imam
Respondent by: Anwaar Hussain and Ahmad Hassan Khan, Additional Advocates General, Punjab
MUHAMMAD HUSSAIN CHEEMA
VS
GOVERNMENT OF PUNJAB & OTHERS
Law: Pir Mehr Ali Shah Arid Agriculture University, Rawalpindi Act, 1995
Section: 9,14,15
Pir Mehr Ali Shah Arid Agriculture University, Rawalpindi Act (V of 1995)--- ----Ss. 14 ,15 & 9--- Officers of the University--- Appointment of Vice-Chancellor---Extension in tenure---Temporary arrangement for appointment of a Vice-Chancellor---Nature---Interpretation of S.14 of the Pir Mehr Ali Shah Arid Agriculture University, Rawalpindi Act, 1995--- Scope---Petitioner impugned the notification whereby respondent, after his retirement from post of Vice-Chancellor was appointed to the said post again on temporary basis and contended inter alia, that incumbent Vice-Chancellor, under the Pir Mehr Ali Shah Arid Agriculture University, Rawalpindi Act, 1995 could not be granted extension in tenure since under the statute, the functions of the Vice-Chancellor, if the said office fell vacant, were to be performed by Pro-Vice-Chancellor --- Validity---Section 14(9) of the Pir Mehr Ali Shah Arid Agriculture University, Rawalpindi Act, 1995 provided that in case the office of Vice-Chancellor fell vacant, the Pro-Vice-Chancellor was to perform functions of the said office, however, in the present case office of the Pro-Vice-Chancellor was also vacant at the time of the impugned notification---Temporary arrangement was made only if at any time (the intervening period) there was a temporary dysfunctionality due to non-availability of the Pro-Vice-Chancellor and as soon as, such dysfunctionality was cured or removed, intervening period and the corresponding temporary arrangement came to an end---High Court observed that notification assigning duties of Vice-Chancellor to respondent on temporary basis till the appointment of regular Vice-Chancellor was automatically superseded by the notification appointing the Pro-Vice-Chancellor and said newly appointed Pro-Vice-Chancellor shall perform the functions of the post of Vice-Chancellor till such time that a regular Vice-Chancellor was appointed, with immediate effect---Constitutional petition was allowed, accordingly. Iftikhar Ahmad v. King Edward Medical University and others PLD 2017 Lah. 825 rel. THIS JUDGMENT DELIVERED BY: SYED MANSOOR ALI SHAH, CHIEF JUSTICE:---.--- Admitted Facts Respondent No.4 was appointed as…
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