Case Details

Citation(s)
2013 SLG 2682 2013 SLD 2682 2013 YLR 1601
Peshawar High Court
Civil Revision No. 1250-P of 2012, decided on 24th January, 2013
KHALID MAHMOOD, J
Nazir Ahmad for Petitioner. Muhammad Jalal-ud-Din and Ijaz Anwar for
Respondents

Dr. SAMIN JAN

VS

UNIVERSITY OF PESHAWAR through Vice Chancellor and 8 others

Law:

Section:

(a) Specific Relief Act (I of 1877)--- ----S. 42---Suit for declaration and permanent injunction with application for temporary injunction---Plaintiff had challenged selection process of appointment of teacher in the University with contention that another person was not eligible for the required post as he did not have 5 years experience in the relevant subject and had passed F.Sc., B.Sc. and M.Sc. Examinations in Second Division, whereas the plaintiff had passed in the First Division---Validity---Plaintiff had failed to point out that passing of F.Sc., B.Sc. and M.Sc. Examinations in the Second Division was a disqualification for the candidature for the subject post and was unable to produce any rules in support of his contention---Merit for the required subject could only be ascertained at the time of evaluation of the merit of the candidates at the time of final selection---Revision was dismissed. (b) Specific Relief Act (I of 1877)--- ----S. 42---Suit for declaration---Selection process for appointment of teacher in the University--- Validity--- Plaintiff and defendant had been selected by the Selection Committee of the University, but their final selection was still in progress, which was to attain finality after the Syndicate decision---Selection being still in progress, no detrimental order regarding the selection after evaluating the merits of the both the candidates had been passed---Case of plaintiff was premature---Revision was dismissed in circumstances. JUDGMENT KHALID MAHMOOD, J.---The petitioner herein filed a suit against the respondents in the Court of Civil Judge-XXVIII Peshawar for declaration and permanent injunction, fully described in the heading of the plaint. Along with the suit an application for temporary injunction was filed after hard contest between the parties was dismissed by the trial Court vide its order dated 17-10-2012. Feeling aggrieved the petitioner filed Appeal, which was also dismissed by the learned ADJ-II Peshawar vide his order dated 16-11-2012. Hence this revision petition against the aforesaid interlocutory orders. 2. The main contention of the learned counsel for the petitioner was that the contesting respondent…
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