Case Details

Citation(s)
2006 SLG 1617 2006 SLD 1617 2006 PLC 205
Lahore High Court
Writ Petition No.1686 of 2005, decision dated: 21st July, 2005.
MUHAMMAD, JEHANGIR ARSHAD, J

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Dr. MUHAMMAD SHAHID NAVEED

VS

ISLAMIA UNIVERSITY, BAHAWALPUR and others Dr. MUHAMMAD SHAHID NAVEED vs ISLAMIA UNIVERSITY, BAHAWALPUR and others

Law:

Section:

(a) Islamia University of Bahawalpur Act (IV of 1975)-------Ss. 11-A, 15(3), 21 & 22---Constitution of Pakistan (1973), Art. 199---Constitutional petition---Maintainability---Order of Vice-Chancellor---Word "Senate" as defined under definition of "Authority" in S.21 of Islamia University of Bahawalpur Act, 1975 would include Vice-Chancellor per force of S.22 thereof---Vice-Chancellor while exercising powers under S.15(3) of Act, in fact acted as Senate---Order of Vice-Chancellor, unless set aside/modified/reversed by Senate would be deemed to be an order of Senate amenable to revisional jurisdiction of Chancellor under S.11-A, the Act---Alternate remedy by way of filing revision before Chancellor of the University being available, constitutional petition would not be maintainable. Munawar Khan v. Niaz Muhammad and 7 others 1993 SCMR 1287; Obaidulah and another v. Habibullah and others PLD 1997 SC 835; Abdul Jabbar Memon and other's case 1996 SCMR 1349 and Ch. Muhammad Ismail v. Fazal Zada, Civil Judge, Lahore and 20 others PLD 1996 SC 246 ref. Ch. Muhammad Ismail v. Fazal Zada, Civil Judge, Lahore and 20 others (PLD 1996 SC 246 fol. (b) Constitution of Pakistan (1973)--- ----Arts. 2-A, 18, 25, 27 & 199---Appointment on contract basis---Eligibility---Constitutional petition---Maintainability---Objection of University was that in absence of statutory rules and regulations of University, relationship between University and its employees was that of Master and Servant, thus, constitutional petition was not maintainable---Validity---Such objection would arise only where petitioner was seeking enforcement of terms and conditions of his employment---Petitioner had challenged appointment of respondent on the ground that he did not possess required qualification; that method of his appointment was violative of various provisions governing the affairs of University and also in violation of Arts. 2-A, 18, 25 and 27 of the Constitution---Objection was overruled. Mushtaq Ahmad Mohal and others v. The Hon'ble Lahore High Court and others 1997 SCMR 1043 and Dr. Ahmad Sulman Waris, Assistant Professor Services Hospital, Lahore v. Dr. Naeem Akhtar and 5 others PLD 1997…
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