Law:

Section:

(a) University of Peshawar Act (II of 1974)-------S. 27---Fresh appointments in. deviation of prevalent practice--Jurisdiction of University Authorities under S.27 of University of Peshawar Act, 1974---Scope---Section 27 of University of Peshawar Act, 1974 did not provide that no appointment could be made in deviation of the prevalent practice and the approval of the Chancellor was a must to that effect. (b) University of Peshawar Act (II of 1974)--- ----Ss. 13 & 27---Constitution of Pakistan (1973), Arts. 185(3) & 199--­Constitutional jurisdiction of High Court---Service matter---Aggrieved person---Equating term "prescribed qualification" with term "terms and conditions of service" ---Fresh appointments in deviation of prevalent practice---Grievance of petitioners was that vacancies of Superintendents should have been filled by way of promotion instead of initial recruitment/direct appointments by ignoring the prevalent practice which had attained the status of rules which could not have been ignored--­ Appointments made by the Authorities were assailed by the petitioners before High Court in its Constitutional petition which was dismissed by High Court--Validity---Question of terms and conditions could have arisen after the appointments were made and besides that no terms and conditions had either been violated or formulated afresh giving rise to any cause of grievance to the petitioners ---Vice-Chancellor was fully competent to make such appointments---No fresh statute was ever framed by the Vice-Chancellor without having the prior approval of the Chancellor---High Court set the controversy at naught after having taken into consideration all the relevant laws, statutes, and rules made thereunder---Conclusion as arrived at by the High Court being unexceptionable did not admit interference---Competent Authority could abandon the previous practice by evolving a new method of selection in consonance with the provisions as laid down by University of Peshawar Act, 1974 and University statutes---Leave to appeal was refused. Province of West Pakistan v. Muhammad Akhtar PLD 1962 SC 428; Government of West Pakistan v. Fida Muhammad Khan PLD 1960 SC (Pak.) 45;…

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