Law: Constitution of Pakistan, 1973

Section: 185(2)

Constitution of Pakistan, 1973-- ----Art. 185(2)--Appointment as assistant professor--Termination of service--Writ petition--Allowed--Termination was withdrawn--Appointment as lecturer urdu on adhoc basis--Extension for further six months--Termination once again--Application for appointment was failed to join five short listed candidates--Adverse evaluation under T.T.S.--Writ petition--Allowed--Intra Court Appeal--Dismissed--Non possessing of requisite qualification--Selection board--Direction to did not possess requisite qualification, Selection Board had no occasion to consider her in preference to those who possessed qualifications as advertised by University itself; argument that impugned appointment is based upon considerations other than noble does not appear to be beside mark’s appointment as Assistant Professor is declared to have been made without lawful authority and accordingly set aside--Selection Board shall convene at earliest to appoint a suitable candidate from amongst already short listed candidates, excluding both petitioner as well as respondent; exercise be completed within a period of three months with a dispatch of compliance report’s prayer for appointment as Assistant Professor against same post in her quest through quo warranto cannot be granted inasmuch as Court can certainly issue a direction for an incumbent’s departure from office for lack of credentials, nonetheless, conclusion of such an exercise would not, by itself, pave way to fill vacancy merely on ground that competitor had no justification to hold same and that she was better placed in circumstances--Petition was disposed of. JUDGMENT Qazi Muhammad Amin Ahmed, JUSTICE.- Dr. Shamim Tariq, petitioner herein, has a turbulent academic career in the Faculty of the International Islamic University, an institution chartered by Ordinance No. XXX of 1985, hereinafter referred to as the University; credited with a Doctorate in Urdu Literature, she was first appointed, under Tenure Track System, hereinafter referred to as the T.T.S, as an Assistant Professor (Urdu) in BPS-19, way back on 13.6.2009; her services were terminated on 29.9.2010. A Constitutional Petition i.e. W.P. No. 3138…

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