Case Details

Citation(s)
2020 SLG 1733 2020 SLD 1733 2020 PLC 764
Sindh High Court
Constitutional Petition No. D-3508 of 2018, decision Dated: 9-12-2019, Dates of hearing: 23rd and 30-10-2019
MUHAMMAD SHAFI SIDDIQUI, JUSTICE ADNAN IQBAL CHAUDHRY, JUSTICE
Ali Asadullah Bullo for Petitioners. Shaharyar Mahar and Ali Safdar Depar, Assistant Advocate-General Sindh for
Respondents Nos.1-4. Muhammad Arshad S. Pathan for
Respondent No. 5. Muhammad Nishat Warsi, Deputy Attorney-General for Pakistan for Respond

RIASAT ALI AND ANOTHER

VS

GOVERNOR SINDH/CHANCELLOR THROUGH PRINCIPAL SECRETARY AND 5 OTHERS

Law:

Section:

Sindh Agriculture University Act (V of 1977)--- ----S. 27(1) [as amended by Sindh Universities and Institutes Laws (Amendment) Act, 2014 (V of 2015---Constitution of Pakistan, Art.129---Provincial Government---Advice of Chief Minister--- Petitioner assailed notification issued by Sindh Government extending tenure of respondent as Vice-Chancellor on the advice of Chief Minister---Validity---Decision to appoint a Vice-Chancellor and decision to extend his tenure for one term was to be taken by 'Government' under S.27(1) of Sindh Agriculture University Act, 1977---Notification in question stated that it was issued by Governor Sindh / Chancellor on the 'advice of the Government'---Summary pursuant to which notification in question was issued, showed that such advice had in fact been given to Governor / Chancellor by the Chief Minister---Word 'Government' in S.27(1) of Sindh Agriculture University Act, 1977, stood amended at the relevant time by Sindh Universities and Institutes Laws (Amendment) Act, 2014, and the same could only mean the 'Provincial Cabinet'---Decision to extend tenure of respondent as Vice-Chancellor for another term, and terms and conditions of such extension had to be taken by "Provincial Cabinet"---High Court set aside notification issued by Provincial Government extending tenure of respondent as Vice-Chancellor of Sindh Agriculture University---Constitutional petition was allowed in circumstances. Khawaja Muhammad Asif v. Federation of Pakistan 2013 SCMR 1205 ref. Mustafa Impex v. Government of Pakistan PLD 2016 SC 808; Karamat Ali v. Federation of Pakistan PLD 2018 Sindh 8 and Mirpurkhas Sugar Mills Ltd. v. Province of Sindh 2020 CLC 232 rel. THIS JUDGMENT DELIVERED BY: ADNAN IQBAL CHAUDHRY, JUSTICE:---.--- The Petitioners, who are serving in the Sindh Agriculture University, seek a writ of quo-warranto against extension in the tenure of the Respondent No. 5 as Vice-Chancellor of the said University for a further term of 4 years, which extension was made vide notification dated 10-04-2018 (the impugned notification) issued on behalf of the Governor Sindh as Chancellor of the Sindh Agriculture University. 2. Mr. Ali Asadullah Bullo, learned…
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