Law: Constitution of Pakistan, 1973

Section: 199

  Constitution of Pakistan (1973)---   ---Art. 199---Constitutional petition---Civil service---Vacancy of---Professor in an educational institution---Filling of such post from direct quota instead of prescribed promotion quota---Validity---According to Notification dated 16-8-1995 issued by Ministry of Education, posts of Professors had to be filled 50% by promotion and 50% by direct recruitment---Last appointment of Professor had been made by direct recruitment, thus next Professors post would be filled by promotion---Post of Professor becoming vacant on retirement of another Professor in June 2008 would be filled by promotion---Petitioner already working as Associate Professor having sufficient experience and eligible had a right to be considered for promotion to such post---Petitioner having a vested right to be promoted to such post had been ignored by authority with mala fide intention---High Court declared impugned action as illegal and directed the authority to fill such post by promotion considering petitioners name and not by direct recruitment.    Dr. Arif Majeed v. Dr. Shuja-ud-Din Khan and 5 others 2000 PSC 600 and Sarwar Ali Khan v. Chief Secretary to Government of Sindh and another PLD 1994 SC 233 rel. ORDER IJAZ AHMAD CHAUDHRY, J.--- Through the present constitutional petition, Bashir Ahmad Associate Professor/Head of Department of Fine Arts, National College of Arts. Shahrah-e-Quaid-e-Azam, Lahore prays that an appropriate writ may be issued by directing the respondents to abstain from conducting interview for the post of Professor Fine Arts in pursuance of the Advertisement with further direction to fill the post of Professor of Fine Artc-NCA through the prescribed process of promotion Board and the case for promotion of the petitioner be directed to be considered for the said post of Professor by the said Board fairly, justly, without being influenced from any extraneous considerations. 2. Briefly the facts of the case are that petitioner joined the National College of Arts as Lecturer in the year 1979, he was promoted as Assistant Professor/Associate Professor and presently serving as Head of the Department of Fine Arts of…

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