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ISLAM MEHMOOD versus REGISTRAR, UNIVERSITY OF PESHAWAR


Article 38 The disputed order to change the applicant's seniority was granted without giving any opportunity.

1981 C L C 712

[Peshawar]

Before Abdul Hakeem Khan, C. J. and Usman Ali Shah, J

DR. ISLAM MEHMOOD‑Petitioner

versus

REGISTRAR UNIVERSITY OF PESHAWAR

AND 2 OTHERS‑Respondents

Writ Petition No. 90 of 1977, decided on 20th November, 1978.

(a) University of Peshawar Act (II of 1974)‑

‑‑ S. 38‑Impugned order reversing seniority of petitioner passed without giving him show‑cause opportunity‑Reversion in seniority having tantamounted to reduction in rank impugned order, held, could not be passed without show‑cause notice.

Tufail Muhammad and others v. Muhammad Zia Ullah Khan and another PLD 1965SC269ref.

(b) University of Peshawar Act (If of 1974)‑

‑‑ S. 22(2)(r)‑Appointment of University Teachers‑Power of appoint ment ‑ Lies only with Syndicate and Selection Board merely a recommendatory body.

Nawab Syed Raunaq Ali etc. v. Chief Settlement Commissioner and others P L D 19.73 S C 236 rel.

(c) University of Peshawar Act (II of 1974)‑

‑‑ S. 22(2)(r) read with S. 38‑Appointment of petitioner as Associate Professor made against permanent post ‑ Syndicate through a subsequent order appointing him against temporary post and on subsequent date reversing his seniority‑Petitioner otherwise a senior man‑Reasons which prevailed with Syndicate in passing impugned order flimsy‑‑Order, held, without lawful authority and first order of appointment against permanent post remained intact.

The Chief Settlement Commissioner v. Raja Muhammad Fazil Khan and others P L D 1975 S C 331 ref.

M. Zahoorul Haq for Petitioner.

M. Mahfuz Khan for Respondents Nos. 1 and 3:

Qazi Muhammad Jamil for Respondent No. 2.

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