Law: University of Karachi Act, (XXVI of 1972)

Section: 22

(a) University of Karachi Act (XXVI of 1972)--S. 22(1) (viii-a) & (viii-b)---Composition of Syndicate of University---Election-- -One member of syndicate would be a Professor to be elected by the Professors of the University from amongst themselves---One Associate Professor to be elected by the Associate Professors of the University from amongst themselves would also be a member of Syndicate---Where an Associate Professor was elected to be a member of Syndicate, such member subsequently promoted as Professor would cease to be a member of Syndicate and another Associate Professor has to be elected by Associate Professors from amongst themselves. (b) University of Karachi Act (XXVI of 1972)--- ----Ss. 22 & 45---Constitution of Pakistan (1973). Art.199---Membership of Syndicate of University---Dispute over membership---Constitutional jurisdiction---Competency---Remedy provided under S.45, University of Karachi Act 1972, whether a bar to Constitutional remedy---When question to be determined was whether any person was entitled to be a member of any Authority of University such matter would be referred to a Committee consisting of Vice-Chancellor, Judge of the High Court and the senior most dean who were members of the Syndicate and decision of such committee would be, final and binding---Provision of S.45, University of Karachi Act 1972 would not come in the way of petitioner in filing Constitutional petition because question referred in such petition was a question as to the interpretation of S.22, University of Karachi Act 1972---Constitutional petition was allowed with declaration that respondent when promoted as Professor would cease to be a member of the Syndicate, because he was elected as an Associate Professor by the votes of Associate Professors from amongst themselves for the seat specified for the Associate Professors University. JUDGMENT NASIR ASLAM ZAHID, J- The petitioner is an Associate Professor in the University of Karachi. Respondent No.3 Jamil Akhtar Khan was also an Associate Professor in the University. Section 22 of the University of Karachi Act 1972 provides for the composition of the Syndicate of the University and clause (viii-a) of…

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