| Case ID |
049d7c5f-8eaa-4716-b90f-ec66903e1cde |
| Body |
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| Case Number |
I.C.A. No.280-W of 2012 |
| Decision Date |
Jan 19, 2021 |
| Hearing Date |
Jan 19, 2021 |
| Decision |
The Islamabad High Court ruled on the constitutional jurisdiction concerning the internal workings of the Syndicate of a University under the Khyber Pakhtunkhwa Universities Act. The court emphasized that interference is only valid in cases of bias, partiality, or lack of transparency. It was determined that the High Court could not substitute findings of the Syndicate without proof of mala fides. Additionally, it was ruled that contractual employees do not possess a vested right for regularization unless a legal basis exists. The court concluded that expired contracts could not be revived and the High Court could not alter the terms of employment contracts under Article 199 of the Constitution. The appeals were allowed, reinforcing the limitations of the High Court's jurisdiction in executive functions. |
| Summary |
This case addresses critical issues concerning the constitutional jurisdiction of the Islamabad High Court regarding the internal operations of a university's Syndicate. The ruling clarifies the extent of judicial interference in administrative matters, emphasizing the necessity of proving mala fides for the court to intervene. Furthermore, it outlines the limitations of the High Court in matters of employment contracts, particularly for contractual employees seeking regularization. The court determined that without a statutory basis, such claims are invalid, thus upholding the sanctity of contractual agreements. This decision is significant for legal practitioners, universities, and employees in the civil service, highlighting the balance between administrative autonomy and judicial oversight. Key terms include constitutional jurisdiction, judicial interference, employment contracts, and regularization of service. |
| Court |
Islamabad High Court
|
| Entities Involved |
Khyber Pakhtunkhwa Workers Welfare Board
|
| Judges |
Babar Sattar, Justice,
Nadeem Basit Khan
|
| Lawyers |
S.A. Mehmood Khan Saddozai,
M. Saif Ullah Gondal
|
| Petitioners |
|
| Respondents |
Director General, Intelligence Bureau, Islamabad and 3 others
|
| Citations |
2021 SLD 2789,
2021 PLC 931
|
| Other Citations |
Government of Khyber Pakhtunkhwa Workers Welfare Board v. Raheel Ali Gohar 2020 SCMR 2068
|
| Laws Involved |
Constitution of Pakistan, 1973,
Khyber Pakhtunkhwa Universities Act (X of 2012)
|
| Sections |
199,
23
|