| Citation(s) |
|---|
| 2011 SLG 2001 2011 SLD 2001 2011 PLD 504 |
Sindh High Court
C.P. No. D-1623 of 2010, decided on 4th February, 2011. dates of hearing: 16th and 26th November, 2010
SARMAD, JALAL OSMANY, C.J. AND SALMAN HAMID, J
Ms. Raana Khan for Petitioner. Moin Azhar Siddiqui for
Respondents Nos. 1, 3 to 8. Nemo for
Respondent No. 2. Mian Khan Malik, DAG. HEC, Islamabad
C.P. No. D-1623 of 2010, decided on 4th February, 2011. dates of hearing: 16th and 26th November, 2010
SARMAD, JALAL OSMANY, C.J. AND SALMAN HAMID, J
Ms. Raana Khan for Petitioner. Moin Azhar Siddiqui for
Respondents Nos. 1, 3 to 8. Nemo for
Respondent No. 2. Mian Khan Malik, DAG. HEC, Islamabad
Prof. Dr. SURAYYA KHATOON, CHAIRPERSON UNIVERSITY OF KARACHI
VS
CHANCELLOR, UNIVERSITY OF KARACHI and 7 others
Law: University of Karachi Act, (XXVI of 1972)
Section: 4(p),14,21(a),23(2)(y),28(1)(g)
Law: Constitution of Pakistan, 1973
Section: 199
Law: Higher Education Commission Ordinance, 2002
Section: 10(i)
University of Karachi Act (XXV of 1972)--- ----Ss. 4(p), 14, 21(a), 23(2)(y) & 28(1)(g)---Higher Education Commission Ordinance (LIII of 2002), S.10(i)---Constitution of Pakistan Art.199---Constitutional petition---Centre for Plant Conservation in University, creation of---Appointment of respondent as Head of such Centre alleged to be junior to petitioner being Head of Botany Department; that such Centre was created without approval of Senate; and that Botanical Garden and Herbarium should be a part of Botany Department---Validity---Syndicate as executive body of University had powers respecting its affairs and management---Record showed that as per requirement of S.21(a) of University of Karachi Act, 1972, Syndicate in its meeting had approved creation of such Centre and prepared propose draft statutes (Rules) for approval of Senate---While creating such Centre, no deviation or violation of S.21(a) of University of Karachi Act, 1972 had been committed---Such Centre was created as an independent department to cater to students aspiring for higher education by way of applying for Directorate Degrees, which was not available with University prior thereto in discipline of Botany and/or Department of Botany---Creation of such Centre was in larger interest of University, educationists, students and researchers---Petitioner as member of teaching staff/officer of University had no right to interfere with its administrative decisions concerning creation of such Centre for promotion of higher education and object thereto---Petitioner was not competent to file such petition for not being. an aggrieved person--Petitioner could prefer a petition before Vice-Chancellor in terms of S.10(3) of University of Karachi Act, 1972 regarding alleged irregularities, lapses and violation of law---High Court dismissed constitutional petition in circumstances. JUDGMENT SALMAN HAMID, J.---The petitioner before us has challenged the validity of Notification dated 31-1-2008 (Impugned Notification), whereby to provide research facilities and conservation of plant biodiversity, the respondent No.3 was pleased to establish a Centre for Plant Conservation (C.P.C.) in the University of…
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