Law:

Section:

Centres of Excellence Act (XXIV of 1974)-------S.. 10(1)(o)---Centres of Excellence Employees (Service, Appointment, Promotion and Transfer) Rules, 1989---Constitution of Pakistan (1973), Art.185 (3)---Appointment for the post of Assistant Professor---Period of experience, calculation of---Selection Board recommended appointment of' respondent for the post in question but Board of Governors did not find her eligible for the post---High Court in exercise of constitutional jurisdiction allowed the petition filed by respondent and directed the authorities to issue her appointment letter---Validity---Leave to appeal was granted by Supreme Court to consider; whether High Court in exercise of jurisdiction under Art.199 of the Constitution could issue writ of mandamus directing petitioner to appoint respondent as Assistant Professor; whether High Court in exercise of writ jurisdiction could substitute the findings of Board of Governors holding that respondent had no four years experience in the relevant field in National or International Organization; what should have been the mode to determine whether the experience possessed by respondent could be equated to the experience of four years or above, to make her eligible for the appointment against the post of Assistant Professor; whether High Court had an obligation in writ jurisdiction to decide factual controversy between the parties with regard to four years experience of respondent in the relevant field in National or International Organization; whether relief in a writ jurisdiction could have been denied to respondent for technical reasons; whether petition had been filed without authorization of Board of Governors; and whether Higher Education Commission in exercise of the powers under S.10(1)(o) of Centres of Excellence Act, 1974, could not calculate the experience of four years of the respondent in National or International Organization to make her qualified for appointment against the post of Assistant Professor. State of Uttar Pradesh and others v. Dr. Vijay Anand Maharaj AIR 1963 SC 946; Ramesh and another v. Gendalal Motilal Patni and others AIR 1966 SC 1445; Udai Bhan Singh and others v. The Board of…

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