Law: Constitution of Pakistan, 1973

Section: 199

  Calendar of the University of Engineering and Technology, Lahore 1975 -- ----Vol.l, Part II---Pares. 15 & 44---Entitlement to avail study leave---Study leave was granted twice to petitioner but he could not avail the same---Study leave was refused to petitioner. for the third time ---Para. 15 of the Calendar whereby leave cannot be claimed as of right and para. 44 of the same relating to circumstances according to which University can exercise its discretion to cancel study leave and withdraw all the privileges allowed to its employee; have to be read together---Circumstances under which petitioner could not avail study leave twice, were taken into consideration and same was refused for the third time---Discretion exercised by University Authorities could not be considered to be arbitrary or whimsical in view of para. 15 of the Calendar of the University---Plea that University Authorities were bound to grant study leave to petitioner for the third time could not be accepted for various paras. of the University Calendar could not be interpreted against the interests of the University---Order of University Authorities refusing to grant study leave to petitioner for the third time was neither mala fide nor contrary to the provision of para. 44 of the University Calendar. Calendar of the University of Engineering and Technology, Lahore 1975--- ----Vol.l, Part II---Pares. 15 & 44---Constitution of Pakistan (1973), Art. 199--Constitutional petition---Maintainability---No Constitutional petition was maintainable in case of any violation as of non-statutory provisions such as Regulations and Ordinances framed by the Syndicate of the University-- Constitutional petition was not maintainable in circumstances. Kh. Ijaz and another v. Government of Punjab through Secretary, Irrigation and Power Department 1.983 PLC (C.S.) 690 ref. University of the Punjab, Lahore v. Ch. Sardar Ali 1992 SCMR 1093 and Ikram Bus Service v. Board of Revenue PLD 1963 SC 564 rel.   A.K. Dogar for Petitioner. Sajjad Hussain for Respondents. ORDER This Writ Petition leas been filed by M. Amin Farooq, Assistant Professor, against order dated 29-8-1992 of the Registrar University…