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Civil Petition for Special Leave to Appeal No. 237/1980, decided on 3rd December, 1980.

(On appeal against the order dated 13‑1‑1980 passed by the Punjab Services Tribunal in Appeal No. 98/1979).

‑‑‑Art.185 (3)‑‑Privately Managed Schools and Colleges (Taking Over) Regulation, 1972 (MLR 118)‑‑Notification by Punjab Government sanctioning upgradation of certain posts of Assistant Professors and Professors and allocation of only two posts to provincialized colleges as against 11 posts‑‑Leave to appeal granted to consider contention that said Notification was in contravention of nationalization and provincialization of private colleges.

Ch. Rafiq Ahmad Sabir, Advocate Supreme Court and Muhammad Aslam Chaudhry, Advocate‑on‑Record for Petitioners.

Nemo for Respondent.

Date of hearing: 3rd December, 1980.

The petitioners were appointed lecturers in the Municipal Degree College, Burewala in 1964. This college was nationalized alongwith all others vide Notification Annexure 'A'. A Notification was issued by the Government of Punjab on 19‑3‑1977 whereby sanction was accorded to the upgrading of 93 posts of Assistant Professors in N.P.S. 18 as Professors in N.P.S. 19 and 72 posts in N.P.S. 17 as Assistant Professors in N.P.S. 18 w.e.f. 1‑9‑1976. Only two posts of professors were allocated to the provincialized colleges as against 11 which they were entitled to.

2. It is contended that this Notification is in contravention of the nationalization and provincialization of these colleges and discriminates against the staff of the provincialized and nationalized colleges which is not in accordance with law. Leave to appeal is granted on payment of security of Rs.2,000.

S.Q. Leave granted.

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