| Case ID |
2b3cd571-ecdc-4e6d-800a-ba053489165b |
| Body |
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| Case Number |
Writ Petition No. 19918 of 2014 |
| Decision Date |
Feb 24, 2015 |
| Hearing Date |
Feb 24, 2015 |
| Decision |
The Lahore High Court dismissed the petition challenging the appointment of respondent No. 6 as Professor of Pathology at Allama Iqbal Medical College. The court found that the petitioner, who was an Associate Professor of Pathology, did not have clean hands and was motivated by personal interest after competing for the same post and failing. The court upheld the findings of the regulatory authority, PM&DC, which confirmed that respondent No. 6 met all eligibility criteria, including required qualifications and experience. The court concluded that the matter fell outside the purview of the Service Tribunals Act and that no mala fide or bias was evident in the selection process, thus affirming the legitimacy of the appointment. |
| Summary |
In the case of Dr. Khalil ur Rehman vs. Government of Punjab, Lahore High Court addressed the constitutional petition challenging the appointment of a Professor of Pathology at Allama Iqbal Medical College. The petitioner argued that the appointee lacked the necessary qualifications. However, the court found that the appointee was duly qualified and confirmed by the Pakistan Medical and Dental Council. The court emphasized the importance of clean hands in legal proceedings, noting that the petitioner had personal motives for the challenge. The decision reaffirmed the authority of regulatory bodies in determining eligibility for civil service positions and highlighted the limitations of judicial review in employment matters governed by specific legislation. The ruling serves as a precedent in matters involving professional qualifications and the integrity of selection processes in educational institutions. |
| Court |
Lahore High Court
|
| Entities Involved |
Government of Punjab,
Pakistan Medical and Dental Council,
Allama Iqbal Medical College
|
| Judges |
IJAZ UL AHSAN, J
|
| Lawyers |
Muhammad Omer Malik for Petitioner,
Hafiz Tariq Nasim for Respondent No. 6,
Ch. Aamir Mehmood for Punjab University,
Ch. Muhammad Umar for PM&DC,
Muhammad Farid Chaudhry for Respondents Nos. 4 and 5
|
| Petitioners |
Dr. KHALIL UR REHMAN
|
| Respondents |
Respondent No. 6,
GOVERNMENT OF PUNJAB through Chief Secretary, Punjab
|
| Citations |
2015 SLD 3043 = 2015 PLC 793
|
| Other Citations |
Muhammad Yasin Saqib v. Chairman, Pakistan Telecommunication Corporation, Islamabad and 7 others 2003 PLC (C.S.) 1105,
Muhammad Liaquat Munir Rao v. Shams-ud-Din and others 2004 PLC (C.S.) 1328,
Dr. Azim-ur-Rehman Khan Meo v. Government of Sindh and another 2004 SCMR 1299,
Dr. Mir Alam Jan v. Dr. Muhammad Shahzad and others 2008 SCMR 960,
Muhammad Ashraf Sanghri v. Federation of Pakistan and others 2014 SCMR 157,
Federation of Pakistan through Secretary Establishment and others v. Ghulam Shabbir and others 2011 SCMR 1198,
Government of Punjab through Secretary (S&GAD), Lahore and another v. Zafar Maqbool Khan and others 2012 SCMR 686
|
| Laws Involved |
Constitution of Pakistan
|
| Sections |
199,
212,
Service Tribunals Act (LXX of 1973) S.4
|