Law: Constitution of Pakistan, 1973

Section: 199(1)(a)

       Tariq Saleem Sheikh, J. – The Petitioner, Dr. Nakshab Chaudhry, Dean of Basic Medical Sciences and Chairman of the Department of Biochemistry at King Edward Medical University (hereinafter referred to as “KEMU” or “the University”), challenges the authority of the Government of the Punjab to appoint teaching faculty at the University through this petition under Article 199 of the Constitution of the Islamic Republic of Pakistan, 1973 (the “Constitution”). 2.    The Petitioner submits that KEMU was established through the King Edward Medical University Lahore Act, 2005 (“KEMU Act”), by reconstituting King Edward Medical College, Lahore, and is now an autonomous institution. He states that under clause (ix) of section 14(4) of the KEMU Act, the Vice-Chancellor is the Competent Authority for making appointments to posts in BPS-1 to BPS-18. For teaching and other posts in BPS-19 and above, clause (xvii) of section 25 of the Act vests this authority in the Syndicate of the University (the “Syndicate”). However, appointments to positions equivalent to BPS-17 and above are required to be made on the recommendations of the relevant Selection Board. 3.    The Petitioner further submits that the University framed the KEMU (Terms & Conditions of Service of Teaching Staff) Rules, 2014 (“Rules”) under section 30 of the KEMU Act. Part-III of these Rules stipulates the eligibility requirements for appointments to teaching posts, mandating that such appointments be made from eligible candidates through “direct appointment” or “promotion.” The Petitioner contends that the Punjab Government, specifically Respondent No.2, has no role in these appointments under the KEMU Act or its Rules, and it cannot fill these posts by transfer or other means. Despite this, Respondent No.2 has unlawfully appointed individuals to various KEMU posts from outside the University Cadre. The Petitioner asserts that these actions render the KEMU Act redundant. 4.    The Petitioner asserts that section 20(2) of the KEMU Act deemed the existing employees of the…

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