Law: Constitution of Pakistan, 1973

Section: 199(1)(b)(ii)

(a) Constitution of Pakistan--- ----Art.199(1)(b)(ii)---Quo Warranto, writ of---Scope---Writ of quo-warranto is not maintainable in collateral proceedings. Qazi Hussain Ahmad, Ameer Jamaat-e-Islami Pakistan and others v. General Pervez Musharraf, Chief Executive and others PLD 2002 SC 853 rel. (b) Constitution of Pakistan--- ----Art.199(1)(b)(ii)---Constitutional petition---Quo Warranto, writ of---Personal vendetta---Foreign scholarship---Change in seniority list---No live issue---Petitioners were aggrieved of grant of benefit of Scholarship Programme to respondents which resulted into change in seniority list placing respondents senior to petitioners---Petitioners assailed appointment of respondent as Assistant Professors on the ground that when they were not entitled for Scholarship Programme then they could not take premium of any achievement on the basis thereof---Validity---Petitioners had their personal vendetta with respondents on account of relegation of their seniority---High Court declined interference in the proceedings---Petitioners were no more in service of the University, thus, their grievance regarding disturbance of seniority due to appointment of respondents was no more live---Respondents already joined posts of Professors against direct quota and question as to whether they were eligible to hold the post of Assistant Professor had become irrelevant---Respondents were not appointed against the posts of Professors on account of seniority-cum-fitness from amongst the Assistant Professors---High Court declined to interfere in the matter---Constitutional petition was dismissed in circumstances. Muhammad Hanif Abbasi v. Jahangir Khan Tareen PLD 2018 SC 114 and Nisar Khan Khattak v. Haji Adam, Director General (Admn) PEMRA Headquarter, Islamabad 2021 PLC (C.S.) 140 rel. ORDER SHUJAAT ALI KHAN, J.----Unnecessary details apart, the Higher Education Commission of Pakistan (HEC) introduced Overseas Ph.D Scholarship under the Faculty Development Programme (the Scholarship Programme), in the year 2005. Respondents Nos.5 and 6, who were working as Deputy Registrar (Network) and Deputy Registrar (System) in the University of the Punjab (the University)…

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