Legal Case Summary

Case Details
Case ID 05e2ba47-bbfb-4564-ade5-4ac4bfb82dc5
Body View case body.
Case Number W. P. No. 6492 of 2004
Decision Date May 25, 2004
Hearing Date May 25, 2004
Decision The Lahore High Court dismissed the constitutional petition filed by Dr. Zakriya Tariq regarding her appointment as Principal at the Government College of Education for Women, Lahore. The court found that the appointment of Dr. Mrs. Zamurrad Salman was provisional and subject to the approval of the Syndicate of the University of Education, Lahore. The court emphasized that the power to finalize such appointments lies with the Syndicate, and since the matter was still pending approval, the petition was deemed premature. The court also noted that the petitioner could not raise objections against the Government of Punjab's involvement as she had previously requested consideration for the position. In conclusion, the court upheld the provisional nature of the appointment and dismissed the petition without any order as to costs.
Summary In the case of W. P. No. 6492 of 2004, Dr. Zakriya Tariq challenged the appointment of Dr. Mrs. Zamurrad Salman as Principal of the Government College of Education for Women, Lahore. The petitioner argued that the appointment procedures outlined in the University of Lahore Ordinance were not followed, and that the power to appoint should rest with the University. The Lahore High Court, presided over by SYED ZAHID HUSSAIN, J, reviewed the legal framework surrounding the appointment process and found that the appointment of Dr. Zamurrad was merely provisional and contingent upon the Syndicate's approval. The court clarified that the matter was still under consideration and dismissed the petition on the grounds of being premature. The decision reinforced the authority of the Syndicate in appointment matters and highlighted the importance of following procedural laws in public sector appointments. The case underscores the legal principles of estoppel and administrative law in the context of public appointments, emphasizing that applicants cannot contest processes they have engaged with. This case serves as a significant reference for future constitutional petitions regarding educational appointments in Pakistan. Keywords associated with this case include 'Lahore High Court', 'public appointments', 'administrative law', 'constitutional petition', and 'educational law'.
Court Lahore High Court
Entities Involved University of Education, Lahore, University of Lahore
Judges SYED ZAHID HUSSAIN, J
Lawyers Talat Farooq Sh. for Appellant, Fazal-i-Miran Chohan Addl. A.-G. for Respondent Nos.1 and 3, Sh. Shahid Waheed for Respondent No.2, Khurram Latif Khan Khosa for Respondent No.4
Petitioners Dr. ZAKRIYA TARIQ
Respondents GOVERNMENT OF PUNJAB, Respondent No. 2, Respondent No. 4, Dr. Mrs. Zamurrad Salman
Citations 2005 SLD 840, 2005 PLC 192
Other Citations 2004 PLC (C.S.) 705, 1997 SCMR 1043, 2000 SCMR 1720, 2001 PLC (C.S.) 450, 2001 PLC (C.S.) 771, 2002 PLC (C.S.) 57, 2003 PLC (C.S.) 104
Laws Involved University of Lahore Ordinance, Constitution of Pakistan, Qanun-e-Shahadat
Sections 20, 41, 199, 114