Punjab University: High Court dismisses vice chancellor reappointment case
Amended University Act allows reappointments, court rules.
LAHORE:
Lahore High Court Chief Justice (CJ) Umar Ata Bandial on Monday dismissed a petition challenging the reappointment of Prof Mujahid Kamran as Punjab University (PU) vice chancellor (VC).
The court dismissed the petition after law officer Amjad Rehman submitted that there was no bar to the reappointment of a VC after the University Act 2012 had been amended.
He added that the amended act raised the age limit for the appointment of a VC from 60 to 65 years. The CJ said the writ could not stand after the law had been amended and dismissed it.
Advocate Aftab Ahmed Bajwa, the lawyer for the petitioner, submitted that he had filed the writ before the act had been amended and the act had no retrospective effect.
He also said that the amended act was against fundamental rights guaranteed by the Constitution.
Bajwa said the Supreme Court had struck down the amended Contempt of Court Law for being against fundamental rights and similarly this, court should declare the University Act illegal.
Petitioner Chaudhry Nazir Ahmed had submitted that Kamran had been reappointed on Jan 1, 2012 in violation of the law and rules. He said Kamran did not have a good reputation as a number of press stories portrayed him as corrupt.
He alleged that the previous record could reveal that the respondent was involved in serious financial illegalities as well as illegal appointments.
The petitioner said the impugned reappointment was not only in violation of the Punjab University Act but also of Supreme Court judgments against the re-hiring of retired officers.
He said that the respondent had already completed his term as VC. By reappointing him, the government was depriving eligible candidates of their lawful right. He prayed to the court to take notice of the illegality and set aside the re-appointment.
Published in The Express Tribune, December 18th, 2012.
Lahore High Court Chief Justice (CJ) Umar Ata Bandial on Monday dismissed a petition challenging the reappointment of Prof Mujahid Kamran as Punjab University (PU) vice chancellor (VC).
The court dismissed the petition after law officer Amjad Rehman submitted that there was no bar to the reappointment of a VC after the University Act 2012 had been amended.
He added that the amended act raised the age limit for the appointment of a VC from 60 to 65 years. The CJ said the writ could not stand after the law had been amended and dismissed it.
Advocate Aftab Ahmed Bajwa, the lawyer for the petitioner, submitted that he had filed the writ before the act had been amended and the act had no retrospective effect.
He also said that the amended act was against fundamental rights guaranteed by the Constitution.
Bajwa said the Supreme Court had struck down the amended Contempt of Court Law for being against fundamental rights and similarly this, court should declare the University Act illegal.
Petitioner Chaudhry Nazir Ahmed had submitted that Kamran had been reappointed on Jan 1, 2012 in violation of the law and rules. He said Kamran did not have a good reputation as a number of press stories portrayed him as corrupt.
He alleged that the previous record could reveal that the respondent was involved in serious financial illegalities as well as illegal appointments.
The petitioner said the impugned reappointment was not only in violation of the Punjab University Act but also of Supreme Court judgments against the re-hiring of retired officers.
He said that the respondent had already completed his term as VC. By reappointing him, the government was depriving eligible candidates of their lawful right. He prayed to the court to take notice of the illegality and set aside the re-appointment.
Published in The Express Tribune, December 18th, 2012.