| Case ID |
218dd146-a899-49b7-aa05-42ffb0617024 |
| Body |
View case body. Login to View |
| Case Number |
Writ Petition No.3362 of 2012 |
| Decision Date |
May 29, 2013 |
| Hearing Date |
Apr 29, 2013 |
| Decision |
The Islamabad High Court set aside the appointment of Sahibzada Sajid-ur-Rehman as Vice-President of the International Islamic University, finding that the Board of Governors had acted without the authority to approve an appointment that lacked transparency and due process. The court determined that the appointment was a result of a colourable exercise of power, violating principles of merit and fairness, and therefore, declared it illegal. The court directed that a competitive process for appointing a new Vice-President be initiated, ensuring adherence to the law and regulations governing the university's appointments. |
| Summary |
The case revolves around the appointment of Sahibzada Sajid-ur-Rehman as Vice-President of the International Islamic University, which was challenged by the University Staff Welfare Association. The petitioners argued that the appointment was made without following a transparent and competitive process, violating the International Islamic University Ordinance and the principles of merit and transparency mandated by the Constitution of Pakistan. The Islamabad High Court ruled in favor of the petitioners, emphasizing the necessity for fair and lawful recruitment processes in public institutions. This ruling underscores the importance of accountability and adherence to legal frameworks in educational governance, ensuring that positions of authority are filled based on merit, qualifications, and due diligence. The decision not only impacts the parties involved but also sets a precedent for future appointments within public universities in Pakistan, reinforcing the need for transparency in administrative actions. The case highlights ongoing discussions regarding governance, transparency, and the rule of law in public sector employment, making it a significant point of reference for legal scholars and practitioners alike. |
| Court |
Islamabad High Court
|
| Entities Involved |
International Islamic University,
Board of Governors
|
| Judges |
SHAUKAT AZIZ SIDDIQUI, J
|
| Lawyers |
Umair Baloch,
Jehangir Wains,
Sardar M. Aslam,
Barrister Umar Aslam,
Iftikhar Ahmed Bashir
|
| Petitioners |
UNIVERSITY STAFF WELFARE ASSOCIATION, INTERNATIONAL ISLAMIC UNIVERSITY, ISLAMABAD
|
| Respondents |
others,
RECTOR, INTERNATIONAL ISLAMIC UNIVERSITY, ISLAMABAD
|
| Citations |
2013 SLD 1971,
2013 PLC 1254
|
| Other Citations |
Tariq Aziz-u-Din's case 2010 SCMR 1301,
Anita Turab's case PLD 2013 SC 195,
Muhammad Yasin's case PLD 2012 SC 132,
Sh. Riaz-ul-Haq's case in Constitutional Petition No.53 of 2007,
Hajj Corruption's case PLD 2011 SC 963,
Maj. Gen. (R) Malik Muhammad Farooq v. Government of Pakistan Writ Petition No. 1515 of 2013,
Muhammad Ashraf Azeem v. Federation of Pakistan and others Writ Petition No. 2503 of 2009,
Dr. Altaf Hussain v. Federation of Pakistan Writ Petition No.615 of 2013,
Dr. Shahbaz Ahmad Qureshi v. Government of Pakistan through Secretary, Establishment Division and others Writ Petition No. 1999 of 2013
|
| Laws Involved |
International Islamic University Ordinance, 1985,
Constitution of Pakistan
|
| Sections |
8,
14,
19,
26,
199
|