Case Details

Citation(s)
1996 SLG 377 1996 SLD 377 1996 PLC 220
Lahore High Court
Writ Petition No. 2004 of 1995, decision dated: 25-06-1995
RIAZ HUSSAIN, J

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Dr. MUHAMMAD AKRAM

VS

Vice Chancellor and others Dr. MUHAMMAD AKRAM Vs Vice Chancellor and others

Law:

Section:

(a) Bahauddin Zakariya University Act (III of 1975)--- ----S. 11-A---Constitution of Pakistan (1973), Art. 199-L-Constitutional petition---Termination of service of University employee---Revisional powers of Chancellor to adjudge correctness, legality or propriety of order passed by University Authorities---Petitioner failing to avail alternate remedy as provided by S.11-A, Bahauddin Zakariya University Act, 1975---Maintainability of Constitutional petition--Petitioner whose services were terminated by Vice-Chancellor admittedly did not avail of adequate remedy, which was available to him in terms of S.11-A, Bahauddin Zakariya University Act, 1975---Petitioner neither averred in his petition nor argued before the Court that Chancellor had refused to pass any order on representation allegedly made by him---Petitioner did not allege that Chancellor was reluctant to pass any order and, therefore, it was deemed proper to file Constitutional petition nor did he mention that Chancellor was in any manner, inimical to him or was in league with Vice-Chancellor and for that reason, he did not consider that the remedy provided under S.11-A of the Act was adequate---Constitutional petition was not competent in circumstances. Islamia University, Bahawalpur through Vice-Chancellor v. Dr. Muhammad Khan Malik PLD 1993 Lah. 141; Khawaja Muhammad Sharif v. Federation of Pakistan through Secretary, Cabinet Division, Government of Pakistan, Islamabad and 18 others PLD 1988 Lah. 725 and University of the Punjab Lahore and 2 others v. Ch. Sardar Ali 1992 SCMR 1093 ref. (b) Bahauddin Zakariya University Act (III of 1975)-- ----S. 16(3)---Constitution of Pakistan (1973), Art.199---Constitutional petition---Employee of University---Termination of services during probationary period---Service of employee of University can be terminated without notice during initial or extended period of his probation---Petitioner's service having been terminated during extended period of probation, Authority was not obliged to set down reasons showing unsatisfactory work of petitioner. [pp. 224, 225] B & C (c) Bahauddin Zakariya University Act (III of 1975)--- ----S. 16(3)---Punjab University…
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