Law:

Section:

(a) Khyber Pakhtunkhwa Universities Act (X of 2012)--- ----Ss. 12 (1) & (2)---Post of Vice Chancellor of University---Selection process---Names of three shortlisted candidates sent to Appointing authority for recommendation---Appointing authority exercising its discretion to recommend candidate appearing at serial No.3 on the said list---Legality---Policy making domain of the Executive---Scope---Absolute power of appointment was not given to authorities in the present case to appoint any person of their choice but the Search Committee consisting of eminent professionals was constituted which after detailed scrutiny of the credentials and interview of each candidate, recommended three names, without any preference---Section 12(1) of the Khyber Pakhtunkhwa Universities Act, 2012 gave discretion to the Chancellor/Governor to appoint anyone out of the three candidates recommended by the Search Committee on the advice of Chief Minister---No mala fides on part of Appointing authority were proved---Appeal was allowed accordingly. Provincial Higher Education Department prepared a merit list of short listed candidates who were going to be interviewed by the Search Committee. According to merit list the respondent-candidate was awarded 52 marks whereas the appellant-candidate was awarded 38 marks. Search Committee interviewed the short listed candidates and finally three candidates including the appellant and respondent were unanimously recommended by the Search Committee and their names were forwarded to the Chief Minister. Respondent-candidate's name appeared at serial No.1 of the list whereas the name of appellant-candidate appeared at serial No.3. Chief Minister recommended the name of appellant-candidate to be appointed as Vice Chancellor and accordingly, after approval of the Governor/Chancellor, a notification was issued in such regard. Marks were allocated to the candidates on the basis of evaluation proforma for the purpose of short listing the candidates who applied for the position of Vice Chancellor. On the basis of these marks, the Search Committee, constituted under section 12(2) of the Khyber Pakhtunkhwa Universities Act, 2012, interviewed all the…

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