Law:

Section:

(a) N.E.D. University of Engineering and Technology Act (III of 1977)-------Ss. 28(iv), 46.1(a) & Statutes, Cls.36, 37(i)---Constitution of Pakistan (1973), Art.199---Constitutional petition---Compulsory retirement from service on completion of 25 years qualifying service ,without making any allegation against petitioner by University---Validity---University under Cl.37(i) of its statutes had power to retire an officer, teacher or other employee from service on such date after he had completed 25 years of service qualifying for pension or other retirement benefits---Petitioner being aggrieved with impugned order had filed appeal before Syndicate, which had rejected same after providing personal hearing to him---High Court dismissed constitutional petition in circumstances. Chairman, Central Board of Film Censors, Islamabad and others v. S. Muhammad Ali Shah 2004 PLC (C.S.) 707; Muhammad Qadeer and 2 others v. The Secretary, Defence Production Division, Government of Pakistan and others 2003 PLC (C.S.) 1389 and Government of Sindh, through Secretary, Cooperative Department, Karachi and another v. Attaullah Anjum 2008 PLC (C.S.) 412 rel. (b) N.E.D. University of Engineering and Technology Act (III of 1977)--- ----S. 46(1)(a) & Statutes---General Clauses Act (X of 1897), S.3(47)---Constitution of Pakistan (1973), Art.199---Statutes in respect of terms and conditions of service of its employees framed by University in exercise of powers delegated under S.46(1) of N.E.D. University of Engineering and Technology Act, 1977---Constitutional petition for enforcement of rights conferred on employees under such Statutes of University---Maintainability---Legislature possessing wide powers of delegation could not delegate essential legislative functions, but could permit delegation of ancillary or subordinate legislative functions i.e. to fill up details---Such rules making powers of University was not subject to any restriction or qualification to place Rules before National Assembly to make them effective---Validly framed rules, statutes, regulations under delegated authority would be deemed to form part of the Act itself---Such rules being statutory would be read…

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