Law: Constitution of Pakistan, 1973

Section: 11,12-A

(a) Khyber Pakhtunkhwa Universities Act (X of 2012)--- ----Ss. 11 & 12-A---Appointment of Vice-Chancellor of University---Petitioner was appointed as Vice-Chancellor of the University for three years and after expiry of her tenure the matter for appointment against the said post was referred to Search Committee and respondent was authorized to look after the office of Vice-Chancellor of the University as a stopgap arrangement---Contention of petitioner was that upon expiry of tenure of Vice-Chancellor the Pro-Vice-Chancellor should be deemed to be the Acting Vice-Chancellor---Validity---Tenure of previous Vice-Chancellor had expired and there was no Pro-Vice-Chancellor to act as Acting Vice-Chancellor---Absence of Vice-Chancellor would create complications and cause hurdles in the smooth administration and financial business of the University---Impugned notification could not be cancelled at the cost of the future of students of the University---Respondent had been appointed in accordance with law to look after the office of Vice-Chancellor till appointment of regular Vice-Chancellor---Process for appointment of a regular incumbent was in progress before Research Committee---Respondent did meet the criteria to hold the office of Vice-Chancellor and his appointment had been made as stopgap arrangement---Purpose of impugned notification was to safeguard the public interest which was an exception to exercise constitutional jurisdiction---Constitutional jurisdiction was to be exercised to enforce and protect a vested right---No right could be established through constitutional jurisdiction of High Court---Right to be enforced under Art. 199 of the Constitution must not only be an existing right but the infringement of such vested right must be there---For seeking remedy constitutional petition was dismissed, in circumstances. Abdul Khalique v. Federation of Pakistan and others 2016 PLC (C.S.) 530 rel. (b) Constitution of Pakistan--- ----Art. 199---Constitutional jurisdiction, exercise of---Requirements---Constitutional jurisdiction was to be exercised to enforce and protect a vested right---No right could be established through constitutional jurisdiction of…

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