IN THE HIGH COURT OF SINDH, BENCH AT SUKKUR.

Constt: Petition No.D-        288     of 2015

DATE                         ORDER WITH SIGNATURE OF HON’BLE JUDGE

1-     For Katcha Peshi.

2-     For hearing of CMA.No.776/2015 (Stay)

 

Present:-        Mr. Justice Aqeel Ahmed Abbasi &

Mr. Justice Ghulam Qadir Leghari, JJ.

 

24th. November, 2015.

                        M/s Syed Jaffer Ali Shah & Qurban Ali Malano,

                        Advocates along with petitioners.

 

                        M/s Bhajandas Tejwani & Manoj Kumar Tejwani,

                        Advocates along with Respondents No.6 & 7

 

                        Mr. Manzoor Hussain N.Larik, Advocate for Respondents

No.2, 4, 9, 11 & 12.

 

Mr. Shahryar Imdad Awan, Asstt: A.G.

 

 

O R D E R

                       

                        Through instant petition, the petitioners have sought following reliefs:-

 

(a)  That this Hon’ble Court may be pleased to declare the notification dated 23.5.2014 and Provisional Pass Certificate of Ph.D degree in the name of petitioner No.2 as legal, lawful and issued in accordance with rules and regulations.

 

(b)  That this Hon’ble Court may be pleased to declare the decision of Advanced Studies and Research Board dated 02.12.2014 held in its 54th. Meeting in respect of petitioner No.2 and notification dated 12.1.2015 and letter dated 12.1.2015 as illegal, unlawful against the code, rules, regulations and based on mala fides, favoritism and political victimization.

 

(c)  That it may also be declared that the decision of syndicate held in its 76th. Meeting dated 25.10.2014, item No.34 is legal and lawful.

 

(d)  That it may also be declared that petitioner No.1 is eligible and competent to participate in appointment as Meritorious Professor BPS-22.

 

(e)  That respondents No.1 & 3 be directed to make appointment of the Meritorious Professor purely on the basis of merit.

 

(f)   That it may also be declared that petitioner is the highest scorer in marks for the post of Meritorious Professor BPS-22.

 

(g)  That all the respondents individually and jointly be restrained from interfering with the rights, functioning and working of petitioners.

 

(h)  That any other relief deemed fit and proper in circumstances of the case be granted.

 

2.                     Notices were issued pursuant to which comments have been filed on behalf of respondents, wherein, the claim of the petitioners has been disputed and objection has been raised as to maintainability of instant petition, on the grounds of disputed facts and availability of alternate remedy in terms of Shah Abdul Latif University Act, 1986.

 

3.                     After hearing the learned Counsel for the parties at some length, and from perusal of the documents placed on record by them, it has emerged that the decision with regard to petitioner No.1 Professor Dr. Ghulam Qadir S/o Qaisar Khan, Shar,  and respondent No.6 & 7 namely Professor Dr.  Mir Munsif Talpur and Professor Dr. Gulam Sarwar Markhand, was taken up for consideration by the syndicate of Shah Abdul Latif University, Khairpur Mir’s in its 76th. Meeting held on 25.10.2014 as item No.34 wherein the following decision has been made.

                                                Decision No.34.

Honourable members Mr. Justice ® Ali Aslam Jaffery and Mr. Mazhar-ul-Haq Siddiqui gave remarks that the third candidate may be provided a fair chance to appear before the Special Selection Board and the point of view of Dr. Ghulam Qadir Shar may be listened for he remained unheard and the working paper was not prepared properly.

 

Mr. Justice ® Ali Aslam Jaffery suggested that the matter be refereed back to Special Selection Board for reconsideration after getting the opinion from the HEC,  which has not been sought earlier.”

 

4.                     While confronted with the aforesaid factual position, learned counsel for the parties, under instructions by their respective clients, have candidly stated that since the matter relating to petitioner No.1 namely Professor Dr. Ghulam Qadir and respondents No.6 & 7 namely, Professor Dr. Munsif Talpur and Professor Dr. Ghulam Sarwar, is still subjudiced before the Special Selection Board as per decision of the Syndicate as referred to hereinabove, therefore, instant petition in respect of petitioner No.1 and respondents No.6 & 7 be disposed of with direction to the Members of Special Selection Board to decide the claim of the petitioner No.1 and respondents No.6 & 7 strictly in accordance with law as per relevant rules and regulations, after providing an opportunity of being heard to all concern.

5.                     As regards the grievance of petitioner No.2 namely Professor Dr. Abdul Hafeez S/o  Shaman Memon,  learned counsel for the respondents have contended that the petitioner may be directed to approach the syndicate for redressal of his grievance in terms of section 24 of Shah Abdul Latif University Act, 1986, as according to learned Counsel, certain disputed facts have been agitated through instant petition, whereas, directions may also be issued to the syndicate of Shah Abdul Latif University, to decide the case of petitioner No.2 in accordance with law and as per relevant rules within a reasonable period of time. Learned Counsel for the petitioners after seeking instructions from petitioner No.2 Abdul Hafeez Memon, candidly agreed for disposal of the instant petition in respect of petitioner No.2 in the aforesaid terms.

 

6.                     In view of hereinabove facts and circumstances of the case, by consent of the learned Counsel for the petitioners who are also present in Court, instant petition is being disposed of in the following terms:-

(a)  That petitioner No.2 namely Abdul Hafeez Memon may file proper appeal/ representation before the syndicate of Shah Abdul Latif University, Khairpur Mir’s within 15 days from the date of this order through proper channel, whereafter the syndicate of Shah Abdul Latif University, Khairpur shall consider the grievance of the petitioner and decide the same after providing an opportunity of being heard in its next meeting. However, if their next syndicate meeting is not scheduled in recent future, it is expected that such meeting may be held within a period of one month from the date of receipt of this order by the Registrar or Controller of Examination (Semester) Shah Abdul Latif University, Khairpur, whereas, it is expected that the grievance of the petitioner No.2 may be redressed strictly in accordance with law and relevant rules or Policy at the relevant period, sympathetically.

 

(b)  That the Special Selection Board constituted pursuant to decision No.34 of the Syndicate of Shah Abdul Latif University, Khairpur Mir’s, in its 76th. Meeting held on 25.10.2014, shall reconsider the case of petitioner No.1 Professor Dr. Ghulam Qadir S/o Qaisar Khan, Shar and respondents No.6 & 7 namely Professor Dr. Mir Munsif Talpur and Professor Dr. Ghulam Sarwar Markkhand, after providing complete opportunity of being heard to all concern, strictly in accordance with law as per relevant rules and policy, if any, preferably within a period of two weeks from the date of receipt of the decision by Syndicate in respect of petitioner No.2.

 

(c)  Any one aggrieved from the decision of Special Selection Board will be at liberty to seek further remedy, as may be provided in terms of Section 24 of Shah Abdul Latif University Act, 1986.

 

                        Compliance report in this regard shall be furnished to this Court through I/c Additional Registrar of this Court by the Registrar at earliest. Petition stands disposed of along with listed application in the above terms.

JUDGE

JUDGE

 

A.R.BROHI