Law:

Section:

Constitution of Pakistan (1973)-------Art. 199---Constitutional petition---Civil Service---Post of one professor---Ph.D Entomology being requisite qualification---Petitioner as well as respondent applied for the said post---Both candidates were found suitable for the post advertised and were recommended by Selection Board of University for their appointment---Such recommendations were agreed upon by the Syndicate of the University in its meeting---Respondent was appointed for the post however the appointment of petitioner was decided to be made after the second post had been duly advertised---Such decision was assailed by petitioner on the ground that respondent had done his Ph.D in Zoology and since basic qualification which was Ph.D Entomology was not there respondent was not authorized to hold the said office and his appointment was illegal and void---Validity---Both candidates had studied Entomology and were possessed of Master Degrees in the said subject---Thesis on the approval whereof their respective collectorate were based pertained to Entomology without any shadow of doubt---Selection Board found both the candidates suitable--Undeniably only one post was advertised earlier and subsequently, second post was also advertised for which petitioner applied and after selection was ultimately appointed---Constitutional petition was dismissed in circumstances. Ch. Abdul Sattar Goraya for Petitioner. Malik M. Tariq Rajwana for Respondents Nos. 1 to 3. Syed Aqa Asif Jafri for Respondents No.4. Date of hearing: 23rd February, 2006. JUDGMENT MAULVI ANWARUL HAQ, J---Respondent No.1 University vide advertisement (Annex.A) invited applications for appointment, inter alia, to the post of Professor for the subject of Agriculture (Entomology). Qualifications required were as follows: "Ph. D. with 15 years teaching/researched experience in a recognized University or professional experience in the relevant field in a National or International Organization plus 8 research papers published in Journals of International Repute". The petitioner as well as respondent No.4 applied for the said appointment. The Selection Board of the University considered the applications and…

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