Case Details

Citation(s)
2020 SLG 1757 2020 SLD 1757 2020 PLC 796
Islamabad High Court
W.P. No. 395 of 2017, decision Dated: 14-02-2018, hearing Date : 01-01-2018
MIANGUL HASSAN AURANGZEB, JUSTICE
Raja Muhammad Farooq for Petitioners. Rehan ud Din Golra for
Respondents Nos.2 to 7.

DR. SHAMAILA SAJJAD

VS

HIGHER EDUCATION COMMISSION AND OTHERS

Law: International Islamic University Ordinance, 1985

Section: 28,29,30

International Islamic University Ordinance (XXX of 1985)--- ----Ss.28, 29 & 30---International Islamic University---Statutes, Regulations and Rules framed under Ss. 28, 29 & 30 of the International Islamic University Ordinance, 1985---Nature---Terms and conditions of service of academic staff / professors / assistant professors---Petitioner impugned procedural irregularities in constitution of Department Tenure Review Committee for the purpose of selection of candidates against post of Assistant Professor---Contention of University, inter alia, was that Constitutional petition against constitution of said committee was not maintainable---Validity--- Per provisions of the International Islamic University Ordinance, 1986 it was clear that power to regulate terms and conditions of service of the International Islamic University's employees did not vest in Federal Government, as the same did not also play any role in making / framing of Statutes, Regulations and Rules framed under S.29 of the International Islamic University Ordinance, 1985---Petitioner's service was therefore not regulated by any statute or statutory rules and Constitutional petition would only be competent if rules / regulations governing terms and conditions of service were statutory or where act or proceedings impugned were in violation of statutory rules or regulations---Constitutional petition being not maintainable was dismissed, in circumstances. THIS JUDGMENT DELIVERED BY: MIANGUL HASSAN AURANGZEB, JUSTICE:---.--- Through the instant writ petition, the petitioner, Dr. Shamaila Sajjad, who is serving as Chairperson, Department of Physics, Female Campus, International Islamic University, Islamabad ("I.I.U.I."), has voiced her grievance against the procedural irregularities in constituting the Departmental Tenure Review Committee ("D.T.R.C."), constituted for the selection of candidates against the post of Associate Professor. 2. Learned counsel for the petitioner submitted that the petitioner was entitled to be given accelerated promotion; that cases of accelerated promotion were to be considered by the D.T.R.C.; that vide notification dated 30.06.2016, the President of I.I.U.I,…
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