| Case ID |
26075cb2-20fd-42eb-a0d8-15636c75a7f6 |
| Body |
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| Case Number |
W.P. No. 32046 of 2017 |
| Decision Date |
Aug 16, 2017 |
| Hearing Date |
Aug 16, 2017 |
| Decision |
The Lahore High Court declared the impugned order dated 13.03.2017 issued by the Specialized Health Care and Medical Education Department, Government of Punjab, to be violative of Section 13(9) of the King Edward Medical University Lahore (Amendment) Act, 2012, and therefore set it aside. The court directed the Pro-Vice-Chancellor of the University to assume the functions of the Vice-Chancellor immediately until a regular Vice-Chancellor is appointed. The decision emphasizes that the Pro-Vice-Chancellor automatically takes over the functions of the Vice-Chancellor when the office is vacant, and that the Chancellor's powers to make temporary arrangements only arise if the Pro-Vice-Chancellor's position is also vacant. |
| Summary |
In the case of W.P. No. 32046 of 2017, the Lahore High Court dealt with the constitutional petition regarding the appointment of an acting Vice-Chancellor at King Edward Medical University. The petition challenged the validity of an order issued by the Chancellor, which appointed Professor Dr. Asad Aslam Khan as an acting Vice-Chancellor on a temporary basis. The court found that the King Edward Medical University Lahore (Amendment) Act, 2012 clearly stipulates that the Pro-Vice-Chancellor automatically assumes the functions of the Vice-Chancellor when the position is vacant. The court determined that since the Pro-Vice-Chancellor was available, the Chancellor's order was unlawful. This case highlights the importance of adhering to statutory provisions regarding appointments in educational institutions and reinforces the legal obligations of university governance under the Constitution of Pakistan. The decision also clarifies the distinction between 'functions' and 'duties' within the context of such appointments, making it a significant ruling for educational law in Pakistan. |
| Court |
Lahore High Court
|
| Entities Involved |
Government of Punjab,
King Edward Medical University
|
| Judges |
SYED MANSOOR ALI SHAH, CHIEF JUSTICE,
IFTIKHAR AHMAD
|
| Lawyers |
Rana Muhammad Afzal, Advocate for Petitioner,
Mr. Ahmad Hasan Khan, Addl. A.G. Punjab for Respondents,
Mr. Muhammad Saleem Shahnazi, Advocate for Respondent No. 8
|
| Petitioners |
Not available
|
| Respondents |
KING EDWARD MEDICAL UNIVERSITY,
Professor Dr. Asad Aslam Khan
|
| Citations |
2018 SLD 2299,
2018 PLJ 820
|
| Other Citations |
2016 PTD 1675,
PLD 1997 SC 32
|
| Laws Involved |
Constitution of Pakistan, 1973,
King Edward Medical University Lahore (Amendment) Act, 2012
|
| Sections |
199,
9(7)(b),
13(9)
|