Case Details

Citation(s)
1993 SLG 1315 1993 SLD 1315 1993 PLC 445
Lahore High Court
Writ Petition No. 6797 of 1990, decided on 19th August, 1992.
SH. RIAZ AHMAD, J

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Prof. Dr. HAJIRA HANIF

VS

Dr. FAKHAR-UNNISA, PRINCIPAL, FATIMA JINNAH MEDICAL COLLEGE, LAHORE and another

Law:

Section:

Constitution of Pakistan (1973)--- ----Art.199---Constitutional petition---Competency---Constitutional petition calling in question validity of appointment of respondent as Principal of a Medical College and challenging certain administrative measures taken by him---Constitutional petition was in fact an offshoot of another Constitutional petition throwing challenge to the appointment of respondent as Principal, filed by another colleague of the petitioner and was, thus, mala fide---Creation of another unit of spec department by the respondent which was complained of, by the petitioner was in fact, a laudable attempt to provide services and facilities to ever growing population---Constitutional petition had been filed as a professional or business rivalry---Administrative changes complained of by petitioner was a question, purely related to internal management of the establishment and respondent was competent to take such steps on administrative side with a view to running affairs of the establishment efficiently---Such internal management could not be subject-matter of a Constitutional petition. Raja Muhammad Anwar for Petitioner. Maqbool Elahi Malik, A.-G., Pb. with Muhammad Rashid Malik for Respondent No. 1. D.M. Awan for Respondent No. 2. Date of hearing: 25th April, 1992. JUDGMENT Petitioner Professor Doctor Hajira Hanif, a Professor of Gynae and Obstet in the Fatima Jinnah Medical College, Lahore has filed this petition to call in question the validity of the appointment of respondent No. 2 Dr. Fakhar-un-Nisa, Principal, Fatima Jinnah Medical College, Lahore as well as has thrown challenge to certain administrative measures taken by respondent No. 2 to run the Gynecology Department of the College. 2. Grievance of the petitioner is that before the appointment of respondent No. 2, there were two units in Guyana and Obstet in the College comprising one Professor, Assistant Professor and Associate Professor and one Senior Registrar and five Registrars. It was alleged that in an illegal manner, respondent No. 1 through illegal orders has upset the- abovementioned system. The first grievance of the petitioner is the assumption of the charge by respondent No. 2…
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