Case Details

Citation(s)
1996 SLG 1371 1996 SLD 1371 1996 CLC 557
Lahore High Court
Writ Petition No. 1933 of 1994/BWP, decision dated: 16-11-1994
IHSAN-UL-HAQ CHAUDHRY, J
Bilal Ahmad Qazi for Petitioner. M. Mahmood Bhatti for
Respondents Nos. 1 to 3. Muhammad Shamsher Iqbal Chughtai for
Respondents Nos.4 to 6

NINA QUMBAR

VS

ISLAMIA UNIVERSITY, BAHAWALPUR through Vice Chancellor, and 5 others

Law:

Section:

Islamia University Bahawalpur Teachers (Appointments and Special Conditions of Service) Statutes, 1977------Para. 11---Constitution of Pakistan (1973), Art. 199---Applications for post of Professor---Petitioner serving in the University and other two persons applying for the post to which respondent was selected and appointed to the post after granting him relaxation of age---Validity---Paragraph. 11 of- Statutes of the University deals with relaxation of all sorts, i.e. age, qualifications, length of experience etc. ---Relaxation of age would be granted for reasons to be recorded in writing in special cases where strict application of statute would cause undue hardship to an individual teacher; or same would adversely affect interests of the University---Syndicate of the University on recommendation of Selection Board had granted such relaxation while selecting and appointing respondent--­Syndicate was empowered to grant such relaxation in the interest of University---Relaxation in question, viz. age need not be granted only to University teachers but could be granted to University teachers of other Universities and to other deserving candidates---Anxiety 'of the University to have the best staff was fully justified---Advertisement had also provided that upper age limit could be relaxed in exceptional cases---Petitioner having failed to make out a case of violation of any statutory rules, could not maintain Constitutional petition and was not entitled to relief claimed by her. Messrs Radaka Corporation and others v. Collector of Customs and another 1989 SCMR 353; University of the Punjab, Lahore and others v. Ch. Sardar Ali 1992 SCMR 1093; Rahmat Khan v. University of Agriculture 1987 SCMR 1150; Masood Pervaiz v. The Disciplinary Committee, University of the Punjab, Lahore and 2 others 1982 SCMR 1084; Sardar Ali's case 1992 SCMR 1093 and Prof. Dr. Muhammad Belal -Sukhera v. Islamia University, Bahawalpur through Vice-Chancellor and 6 others PLD 1993 Lah. 474 rel. Government of West Pakistan and another v. Begum Agha Abdul Karim Shorish Kashmiri PLD 1969 SC 14 ref. JUDGMENT The petitioner, is serving as Associate Professor and is Chairperson in the Department…
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