| Citation(s) |
|---|
| 1995 SLD 728 = 1995 CLC 510 |
Peshawar High Court
Writ Petition No. 65 of 1992, decided on 6th July, 1994.
Presented By: Before Sardar Muhammad Raza Khan and Mian Shakirullah Jans, JJ.
Rustam Khan Kundi and Dost Muhammad Khan for Petitioner. Muhammad Khan for
Respondent No. 1. S. Zafar Abbas Zaidi for
Respondents Nos. 2, 3 and 5.
Writ Petition No. 65 of 1992, decided on 6th July, 1994.
Presented By: Before Sardar Muhammad Raza Khan and Mian Shakirullah Jans, JJ.
Rustam Khan Kundi and Dost Muhammad Khan for Petitioner. Muhammad Khan for
Respondent No. 1. S. Zafar Abbas Zaidi for
Respondents Nos. 2, 3 and 5.
MUHAMMAD IQBAL KHAN---Petitioner
VERSUS
CHANCELLOR, GOMAL UNIVERSITY and others---Respondents
Law:
Section:
Gomal University Act (X of 1974)--- ----S. 10---Gomal University Teachers (Scales of Pay) Statutes, 1986, para.8(b)---Constitution of Pakistan (1973), Art. 199---Constitution petition-- Word "organization"---Interpretation---Appointment to specific post required professional experience in the relevant field in a national or international organization---No definition of word "organization" was given either in Gomal University Act, 1974 or in Gomal University Teachers (Scales of Pay) Statutes, 1986---Professional experience of petitioner in -the relevant field of law in the Bar Association whether to be counted as professional experience in the relevant field in a national organization---Word "organization" whether to be, construed strictly or liberally---Proper course would be to adopt liberal interpretation, for by doing so, both employer and employee would be benefited i.e., employer would be having a wide range of scope of large number of candidates and employee who otherwise were best candidates but could not apply for reasons as hot having been experienced in national organization would be deprived of a chance; but by adopting the other way i.e., by giving restricted meanings to national "organization" both employer and employee would be losers---By giving liberal meaning or interpreting liberally "Bar Association" which was a formation, a society, an association, and which was also national one being domestic, would be taken as one contemplated by the relevant statutes.---[Words and phrases]. Black's Law Dictionary; Corpus Juris Secundum and Legal Thesaurus by William C. Burton ref. Gomal University Act (X of 1974)--- ----S. 10---Constitution of Pakistan (1973), Art. 27---Discrimination in service---Three persons including petitioner…