ORDER SHEET

IN THE HIGH COURT OF SINDH, KARACHI

Constitutional Petition No. D-2586 of 2009

                                                                                                                   Date                       Order with signature of Judge                           

1. For orders on Misc. No. 13396/09.

2. For Katcha Peshi.

3. For hearing of Misc. No. 12611/09.

22 December 09.

Mr. Bashir Ahmed Khan, Advocate holding brief of Mr. Anwar Mansoor Khan & Mr. Rehman Aziz, Advocate for the petitioner alongwith the petitioner.

None present for respondent No.1.

M/s. Ishrat Alvi, Hamid Munir and Sadaqat Awqan, advocates for respondent No.2.

Mr. Khusheed A. Hashmi, advocate for respondent No.3.

Ms. Afroze Haq, intervenor in person.

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At the outset, Mr. Ishrat Alvi, counsel for respondent No.2, has drawn our attention to the resolution dated 5.12.2009 passed by the Board of Governors for Law Colleges in Karachi in its meeting held on 4.12.2009.  Such resolution reads as follows:

“It has been brought to the notice of the Board of Governors for Law Colleges in Karachi, that a Constitution Petition No.D-2586/2009, has been filed by one of the faculty member of S.M. Law College, showing his apprehension that the Board is about to appoint an outsider as Principal of S.M. Law College and consequently a status quo order was passed.

In view of this position, the Board in its meeting dated 04.12.2009, has unanimously resolved that though the Board of Governor is fully competent to appoint a Principal outside the faculty but at this occasion the Board has no intention  to appoint anyone from out side and would appoint Principal from amongst the faculty members on seniority basis.”

          It is pointed out by the petitioner, who himself is a senior barrister and a counsel of this Court, as well as Mr. Khursheed A. Hashmi, counsel for respondent No.3, and Ms. Afroze Haq, the intervenor, that insofar as the question of making recruitment of a Principal from outside the faculty members of S.M. Law College is concerned, the Board of Governors has conceded that it has no intention to appoint any one from outside the faculty members of the College and to this extent they are satisfied with the resolution. However, the petitioner, so also the counsel for respondent No.3, as well as the Intervenor Afroze Haq, state that no criteria had been laid down or formulated by the Board for the recruitment of the Principal, S.M. Law College and they pray that in the first instance the Board of Governors may be directed to formulate a criteria for such recruitment keeping in view the seniority, competence, educational qualification and fitness of the person amongst the faculty of the College for the post of Principal, S.M. Law College.  Such suggestion made by the petitioner and supported by counsel for respondent No.3 and Ms. Afroze Haq, is conceded by the counsel for respondent No.2, who makes a categorical statement that the Board will first formulate the criteria for recruitment of Principal, S.M. Law College from amongst its faculty members on the basis of seniority, fitness, competence and educational qualification and, thereafter, based on such criteria a new Principal would be appointed for S.M. Law College.

          It is also observed that if any of the senior faculty member of the College wishes to make suggestion for formulating the criteria, the Board will allow to do so. 

          This petition in the above terms is disposed of alongwith the listed applications.

       J U D G E

     J U D G E

Aamir/PS