Law:

Section:

Punjab Service Tribunals Act (IX of 1974)--S. 4---Constitution of Pakistan (1973), Arts. 27 & 212(3)---Appointment of male professor as Principal of Women Medical College---Respondent (Female Professor) contested appointment of such male Professor (petitioner) as Principal by filing appeal before Service Tribunal---Service Tribunal while accepting such service- appeal maintained that continuance of male staff in such Medical College was unconstitutional; that same should be merged with other Medical Colleges; that respondent (Female Professor) be given additional charge of Principal of College; and that protection given to female staff of college by governing body of College be maintained in terms of Art.27(1) of the Constitution ---Validity--­Leave to appeal was granted to consider whether assurance given by Government of Punjab through Health Secretary under latter's letter dated 1-7-1980 addressed to the Principal of the College that exclusive female character/status of said college would be maintained; and that in matters of recruitment/promotion preference would be given to females, had legal cover and were binding on the Government; whether entertainment of respondent's appeal against Secretary to Government of Punjab by Punjab Service Tribunal amounted to its having resorted to exercise of determining fitness of civil servant to particular post; and whether Health Department's letter of specified date containing criterion for selection and appointment of fit person as Principal of College, had been suppressed or amended by Health Department's letter of subsequent date. Aish Muhammad and others v. Pakistan and others 1985 SCMR 774 ref. M. Akram Sh., Senior Advocate Supreme Court, Kh. Saeeduz Zafar, Advocate Supreme Court and Rana Maqbool Ahmad Qadri, Advocate-on-Record (absent) for Petitioner. Raja M. Anwar, Senior Advocate Supreme Court and S. Abul Aasim Jafri, Advocate-on-Record for Respondents. Date of hearing: 10th December, 1996. ORDER MUKHTAR AHMAD JUNEJO, J.--Leave to appeal is sought against a judgment dated 24-10-1996 delivered by the Punjab Service Tribunal (hereinafter mentioned as the Tribunal) in Service Appeal No.453 of 1995. Admittedly…

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