| Case ID |
09c71bc8-74ab-40b2-9431-6d8ea67f69df |
| Body |
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| Case Number |
Writ Petition No.76581 of 2021 |
| Decision Date |
Nov 02, 2022 |
| Hearing Date |
|
| Decision |
The Lahore High Court allowed the constitutional petitions to the extent that the University of Sargodha will re-examine each appointment case of the petitioners. The court emphasized that if the petitioners did not procure their appointments through ill-will, mala fide, or illegal means, their appointments should not be disturbed. The Chancellor's order nullifying the appointments was scrutinized, and it was determined that the Selection Board and Syndicate must follow the applicable laws and procedures. The court directed that if there were qualified candidates who were higher on merit, the possibility of creating new seats should be explored to rectify grievances regarding merit-based appointments. |
| Summary |
In the case of Dr. Ghulam Sarwar vs. Province of Punjab, the Lahore High Court addressed the issue of appointment irregularities under the University of Sargodha Ordinance, 2002. The petitioner, Dr. Ghulam Sarwar, contested the Chancellor's decision declaring his appointment as a Professor null and void following an appeal by a competing candidate. The court found that the Selection Board had deviated from its established procedures when awarding marks for the positions. The court ruled that any irregularities should not penalize the petitioners if they were not at fault, stressing the importance of adherence to legal standards in the appointment process. The judgment highlighted the necessity for the university to reassess all appointments made under the questioned procedures, ensuring that qualified individuals are recognized and any grievances addressed. This case underscores the critical balance between procedural integrity and the rights of individuals in academic appointments, relevant to current discussions on educational governance and fairness. |
| Court |
Lahore High Court
|
| Entities Involved |
University of Sargodha,
Selection Board,
Chancellor of the University,
Syndicate
|
| Judges |
Muhammad Sajid Mehmood Sethi
|
| Lawyers |
Salman Mansoor,
Shahjahan Khan,
Ahmad Saeed,
Barrister Haris Azmat,
Barrister Maryam Hayat,
Khalid Ishaq,
Barrister Ameer Abbas Ali Khan,
Hamza Amjad,
Abid Hussain Sial,
Faizal Ahmad,
Daniyal Akbar Tarar,
Wajahat Ali,
Rahil Riaz,
Usman Nassir Awan,
Barrister Muhammad Ahmad Pansota,
Jawad H. Tarar,
Barrister Hamza Shahid Buttar,
Barrister Scheherzad Sheharyar,
Barrister Safi Ul Hassan,
Barrister Ahtasham Mukhtar,
Ali Umrao,
Abdul Majid Abid,
Malik Muhammad Awais Khalid
|
| Petitioners |
Dr. GHULAM SARWAR
|
| Respondents |
PROVINCE OF PUNJAB through Vice-Chancellor and 5 others
|
| Citations |
2024 SLD 4290,
2024 PLC 402
|
| Other Citations |
Mian Tariq Javed v. Province of Punjab through Chief Secretary, Government of Punjab, Lahore and 2 others 2008 SCMR 598,
Mst. Basharat Jehan v. Director-General, Federal Government Education, FGEI (C/Q) Rawalpindi and others 2015 SCMR 1418,
Pakistan Medical and Dental Council through President and 3 others v. Muhammad Fahad Malik and 10 others 2018 SCMR 1956,
Uzma Manzoor and others v. Vice-Chancellor Khushal Khan Khattak University, Karak and others 2022 SCMR 694,
Muhammad Yasin Saqib v. Chairman, Pakistan Telecommunication Corporation; Islamabad and 7 others 2003 PLC (C.S.) 1105,
Abdul Wahab v. Khyber Pakhtunkhwa Public Service Commission through Chairman and 18 others 2014 PLC (C.S.) 926,
Dr. Khalil ur Rehman v. Government of Punjab through Chief Secretary, Punjab and 5 others 2015 PLC (C.S.) 793,
Ayaz Ahmed Khan v. Federation of Pakistan through Secretary Ministry of Interior, Islamabad and 4 others 2021 PLC (C.S.) 1394,
Altaf Hussain v. FPSC through Chairman and another 2022 PLC (C.S.) 92,
Danish Usman v. Government of Khyber Pakhtunkhwa, through Chief Secretary and 6 others 2022 PLC (C.S.) 418,
Pradeep Kumar Rai and others v. Dinesh Kumar Pandey and others (2015) 11 Supreme Court Cases 493,
Madras Institute of Development Studies and another v. K. Sivasubramaniyan and others (2016) 1 Supreme Court Cases 454,
Ashok Kumar and another v. State of Bihar and others (2017) 4 Supreme Court Cases 357,
Dr. W. B. Vasantha v. The Chairman and Board of Governors Indian Institute of Technology, Madras 2013 SCC Online Mad 2171,
Smt. Kamlesh Devi v. State of Haryana and others 2016 SCC Online P&H 9912,
Mahesh MR. and another v. State of Kerala, Represented by Secretary to Government and others 2019 SCC Online Ker 19645
|
| Laws Involved |
University of Sargodha Ordinance, 2002
|
| Sections |
10
|