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IFTIKHAR AHMAD versus KING EDWARD MEDICAL UNIVERSITY

ections Sections 13 and 9 - Constitution of Pakistan, Article 199 Constitution Constitutional Application - Legal Appointment Vice-Chancellor's Provisional Appointment Acting Vice-Chancellor's Temporary Appointment The King Edward Medical University, Lahore Section 2005 Interpretation of section 13 (9). Under Section 13 of the Medical University, Lahore Act 2005, if the post of Vice-Chancellor was vacant, the appointment of the Vice-Chancellor as the acting Vice-Chancellor on the Stop Gap arrangement, on the basis of performing the duties of Pro-Chancellor. Chancellor, and currently a Pro Vice Chancellor, was available, therefore, the temporary appointment of the respondents was illegal. Same - justified - under King Edward Medical University, Lahore Section 13 of the 2005 Act, the Chancellor was given authority to the temporary arrangements. En As such, the provision of the duties of the Vice-Chancellor may be deemed appropriate and such provisional arrangements may be supported only by WHH jw.org en The Pro Vice-Chancellor's office was vacant and not otherwise and in the above section. The word \\\ was used temporarily, for the arrangement of the Chancellor and not for the duties of the Vice-Chancellor. Chancellor Section 9 (7) The powers granted to the Chancellor under King Edward Medical University, Lahore Act, 2005 were the general powers of appointment to any post in the University and did not eliminate the specific powers of interim Vice-Chancellor appointment. Because the focus of the law was that the Pro Vice-Chancellor had to step into the Vice-Chancellor's role and perform the role of Vice-Chancellor, as was given in section 13 (9) of King Edward Medical University, Lahore Act, 2005. Had to demonstrate. His fries

P L D 2017 Lahore 825

Before Syed Mansoor Ali Shah, C J

IFTIKHAR AHMAD—Petitioner

versus

KING EDWARD MEDICAL UNIVERSITY and others—Respondents

Writ Petition No.32046 of 2017, heard on 16th August, 2017.

(a) King Edward Medical University, Lahore Act (V of 2005)

—Ss. 13 & 9—Constitution of Pakistan, Art. 199 — Constitutional petition—Statutory appointment—Appointment of Vice-Chancellor— Temporary appointment of Acting Vice-Chancellor—Interpretation of S.13(9) of the King Edward Medical University, Lahore Act, 2005— Petitioner impugned appointment of respondent as acting Vice-Chancellor on a stop-gap arrangement, on the ground that under S.13 of the King Edward Medical University, Lahore Act 2005, if the office of the Vice-Chancellor was vacant, the Pro-Vice Chancellor was to perfÓrm; functions of the Vice-Chancellor, and currently a Pro-Vice-Chancellor was available, therefore, temporary appointment of the respondent was illegal—Validity—Under S.13 of the King Edward Medical University, Lahore Act, 2005, Chancellor was vested with powers to make temporary arrangements for the perfÓrm;ance of the duties of the Vice-Chancellor as he may deem fit and such temporary arrangement could only be recoursed to when office of the Pro-Vice-Chancellor was vacant and not otherwise and word "temporary" was used in the said section, for arrangements made by the Chancellor and not for the functions of the Vice-Chancellor to be perfÓrm;ed by the Pro- Vice-Chancellor—Powers enjoyed by the Chancellor under S.9(7) King Edward Medical University, Lahore Act, 2005 were general powers of appointment to any post in the University and could not override the specific powers of appointing the Vice-Chancellor on a stop-gap arrangement as given in S.13(9) of the King Edward Medical University, Lahore Act, 2005 —Intention of the law was that the Pro-Vice-Chancellor by stepping into the shoes of the Vice Chancellor was to assume the role of the Vice-Chancellor and got to perfÓrm; his functions and on the other hand, the temporary arrangement made by the Chancellor, in the absence of the Pro-Vice-Chancellor was of a different nature—Such person to be selected by Chancellor was only to perfÓrm; the duties of the Vice-Chancellor, as deemed appropriate by the Chancellor, as opposed to the "functions" of the Vice-Chancellor under the law and such "duties" may entail only important obligations and not all the functions and the Chancellor may specify as to which duties were being temporarily assigned to the new person-—Functions on the other hand, meant all the functions, under the King Edward Medical University, Lahore Act, 2005—High Court set aside impugned appointment and directed the Pro- Vice-Ch to assume functions of the Vice-Chancellor in terms of S. 13(9) of the King Edward Medical University, Lahore Act, 2005—Constitutional petition was allowed, accordingly, [pp. 828, 829] A, B,D & E

Punjab Higher Education Commission v. Dr. Aurangzeb Alamgir and others PLD 2017 Lah. 489 ref.

Black's Law Dictionary, Tenth Edn. p.787 and Oxford Advanced Learner's Dictionary, 8th Edn, p.608 rel.

(b) Words and phrases

— "Function"—Meaning—"Function" meant activity that appropriate to a particular profession, or special activity or the purpose of a person, [p. 829] C

Black’s Law Dictionary, Tenth Edn. p.787 rel.

(c) Words and phrases—

— "Duty"—Meaning—"Duty" meant legal obligation was owed or

due to another and that needed to be that which one was

bound to do, something that one feels that he has to do because it was a legal responsibility, [p. 829] C

Black’s Law Dictionary, Tenth Edn. p.787 and Oxford Advanced Learner's Dictionary, 8th Edn. p.608 rel.

Rana Muhammad Afzal for Petitioner.

Ahmad Hasan Khan, Addl. Advocate-General, Punjab.

Muhammad Saleem Shahnazi for Respondent No.8.

Date of hearing: 16th August, 2017.

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