| Citation(s) |
|---|
| 2017 SLG 260 2017 SLD 260 2017 PLJ 60 |
Supreme Court of Pakistan
C.As. No. 1525 to 1528 of 2016, decided on 24.10.2016, heard on: 24.10.2016.
ANWAR ZAHEER, JAMALI, CHIEF, JUSTICE, AMIR HANI MUSLIM, JUSTICE & SH. AZMAT SAEED, JUSTICE
Mr. Abdul Latif Afridi, ASC and Mr. Khalid Anwar Afridi, ASC for Appellants (in C.As. No. 1525 and 1526 of 2016). Mr. Shakeel Ahmad, ASC and Mr. Muhammad Ajmal Khan, AOR (absent) for Appellant (in C.As. No. 1527 and 1528 of 2016). Mr. Ghulam Nabi Khan,
C.As. No. 1525 to 1528 of 2016, decided on 24.10.2016, heard on: 24.10.2016.
ANWAR ZAHEER, JAMALI, CHIEF, JUSTICE, AMIR HANI MUSLIM, JUSTICE & SH. AZMAT SAEED, JUSTICE
Mr. Abdul Latif Afridi, ASC and Mr. Khalid Anwar Afridi, ASC for Appellants (in C.As. No. 1525 and 1526 of 2016). Mr. Shakeel Ahmad, ASC and Mr. Muhammad Ajmal Khan, AOR (absent) for Appellant (in C.As. No. 1527 and 1528 of 2016). Mr. Ghulam Nabi Khan,
DR. FARHAT ABBAS AND others
VS
DR. MEHMOODULHASSAN AND others
Law:
Section:
Appointment of Faculty Professional Staff/Examiners/ Principals/Deans/Administrative Staff Regulation, 2001---- --------Regul. 19----Pakistan Medical & Dental Council Ordinance, 1962, S. 33(2)----Qualification for appointment of teaching staff in medical institutions----Regulations were challenged----Promotion as associate professor was set aside----Challenge to----Academic qualification----Validity----None of grounds available in law for striking down said subordinate legislation were pleaded or established on record either before High Court or before Supreme Court----Regulation 19 of Regulations of 2001 is ultra vires or invalid----Dr. was duly qualified to be promoted as an Associate Professor and office order of his appointment as an A.P. was valid in law and could not be set aside by High Court. THIS JUDGMENT DELIVERED BY: SH. AZMAT SAEED, JUSTICE:---.--- Through this judgment, it is proposed to adjudicate upon Civil Appeals Nos.1525 to 1528 of 2016, which are directed against a consolidated judgment dated 11.11.2015 of the learned Peshawar High Court, Peshawar. 2. The brief facts necessary for adjudication of the lis at hand are that vide Office Order dated 26.9.2012, Dr. Farhat Abbas (Appellant in Civil Appeals Nos.1525 and 1526 of 2016) was promoted as Associate Professor of Cardiology (BPS-19). The private Respondent namely, Dr. Mehmood-ul-Hassan challenged the same before the learned Peshawar High Court, Peshawar through Writ Petition No. 2926-P of 2012, while the private Respondent namely Dr. Hikmat Ullah Jan also challenged the said Office Order through Writ Petition No. 3000-P of 2012. In the aforesaid Constitutional Petitions besides calling into question the aforesaid Office Order dated 26.9.2012, the vires of the Regulations for the Appointment of Faculty Professorial Staff/Examiners/Principals/Deans/Administrative Staff in Undergraduate & Postgraduate Medical & Dental Institutions of Pakistan, 2011, hereinafter referred to as "the Regulations of 2011", were also challenged. Both the Constitutional Petitions were heard together and allowed vide impugned Judgment dated 11.11.2015, whereby the office Order dated 26.9.2012 promoting the…
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