Case Details

Citation(s)
1998 SLG 1323 1998 SLD 1323 1998 PLC 332
Lahore High Court
Writ Petition No. 2741 of 1997/BWP, decision dated: 24-06-1997.
KARAMAT NAZIR BHANDARI, J

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SHAH MUHAMMAD

VS

Vice Chancellor, ISLAMIA UNIVERSITY, BAHAWALPUR and 4 others

Law:

Section:

Constitution of Pakistan (1973)-------Art. 199---Constitutional petition---Maintainability---Petitioners who were employees of University, were proceeded against on account of inefficiency and indiscipline and disciplinary proceedings were culminated in termination of their services- --Appeals filed by petitioners before Syndicate of University, having been reiected petitioners filed Constitution a petition praying that orders of termination of their services be declared illegal--­University was not governed by any statutory rules, petitioners' employment with University, thus was not statutory and Constitutional petitions for restoration of petitioners to their services were not maintainable. University of the Punjab, Lahore and others v. Ch. Sardar Ali 1992 SCMR 1093 and Mrs. Anisa Rehman v. P.I.A.C. and another 1994 SCMR 2232 ref. Shabir Ahmad Bhutta for Petitioner. Nemo for Respondents Nos. 1, 2 and 5. M.M. Bhatti with M.S. Iqbal Chughtai for Respondents Nos.3 and 4. Date of hearing: 24th June, 1997. JUDGMENT This judgment will dispose of Writ Petitions Nos. 2741 of 1997 and 2827 of 1997 as common questions of law are involved. 2.' The petitions were listed to consider only Misc. Applications filed by the respondent for vacation of the stay order. Since the respondents had filed their reply and they were duly represented, with consent of the learned counsel, the main cases have been heard and are being disposed of. 3. Each of the petitioners was an employee of the respondent University and on account of inefficiency and in-discipline, they were proceeded against and disciplinary proceedings culminated in the termination of their services. Each of them preferred appeals before the Syndicate of respondent University which was rejected. Consequently, they lodged these two constitutional petitions praying that the impugned orders of dismissal/termination be declared to have been passed without lawful authority and they be directed to be restored to their posts. 4. Learned counsel appearing for respondent-University has objected to the maintainability of the Constitutional petitions on the ground that the employment with the respondent-University is not governed…
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