THE RECOMMENDATIONS OF THE SELECTION COMMITTEE CONSTITUTED BY THE SYNDICATE

BEFORE THE CITY HIGH COURT,

CITY BENCH

Writ Petition No. __________-A/0000

 

  1. Name son of Name, Deputy Registrar, University of Name.
  2. Name son of Name, Assistant Librarian, University of Name.
  3. Name son of Name, Superintendent, University of Name.
  4. Name son of Name, Teaching Assistant, University of Name.
  5. Name son of Name, Computer Operator, University of Name.
  6. Name son of Name, Computer Operator, University of Name.
  7. Name son of Name, Accountant, University of Name.
  8. Name son of Name, Office Assistant, University of Name.
  9. Name son of Name, Sub Engineer, University of Name.
  10. Name son of Name, Office Assistant, University of Name.
  11. Name son of Name, Computer Operator, University of Name.
  12. Name son of Name, Computer Operator, University of Name.
  13. Name son of Name, Computer Operator, University of Name.
  14. Name son of Name, Computer Operator, University of Name.

…PETITIONERS

 

 

VERSUS

 

 

  1. of Khyber Pakhtunkhwa, through, Secretary High Education Department, Province, City.
  2. University of Name, through, Vice Chancellor, University of Name, City.
  3. Registrar, University of City.

 

….REAL RESPONDENTS

  1. Secretary Higher Education Department, (HED) City, member syndicate.
  2. Secretary Finance Department, Govt. of Province, member syndicate.
  3. Secretary Establishment Department, Govt. of Province, member syndicate.
  4. Name, elected member syndicate, University of Name.
  5. Name, Associate Professor, elected member syndicate, University of Name.
  6. Name, Assistant Professor, elected member syndicate, University of Name.
  7. Name, lecturer, elected member syndicate, University of Name.

…PROFORMA RESPONDENTS

 

 

WRIT PETITION UNDER ARTICLE 199 OF THE CONSTITUTION OF ISLAMIC REPUBLIC OF PAKISTAN, 1973 AS AMENDED UPTO DATE SEEKING DECLARATION / DIRECTION TO THE EFFECT THAT PETITIONERS ARE REGULAR EMPLOYEES OF UNIVERSITY OF NAME, CITY, THAT AFTER PROMULGATION OF PROVINCE, UNIVERSITIES AMENDMENT ACT 0000, WHICH GAVE POWER TO THE VICE CHANCELLOR UNDER SECTION 00 (0-E) TO APPOINT EMPLOYEES ON CONTRACT BASIS AGAINST THE PROPERLY CREATED BUDGETED POST FOR A PERIOD NOT EXCEEDING THREE YEARS ON THE RECOMMENDATIONS OF THE SELECTION COMMITTEE CONSTITUTED BY THE SYNDICATE. THE VICE CHANCELLOR IN THE LIGHT OF THE PROVISIONS OF SECTION MENTIONED ABOVE OF THE ACT IBID EXTENDED THE CONTRACTS OF CONTRACTUAL EMPLOYEES OF THE UNIVERSITY FOR THREE YEARS VIDE SEPARATE NOTIFICATIONS AND SAME HAS BEEN PLACED IN THE WORKING PAPER OF SYNDICATE MEETING OF UNIVERSITY OF NAME SCHEDULED TO BE HELD ON 00/00/000 FOR THE APPROVAL OF THE SYNDICATE IN ACCORDANCE WITH THE ABOVE MENTIONED SECTION OF ACT IBID. THE ACT OF RESPONDENT NO. 0 IS AGAINST THE LAW, RULES FOR THE REASONS THAT THE SYNDICATE OF UNIVERSITY OF CITY HAS NOT FRAMED SEPARATE STATUTES FOR SERVICE MATTERS OF CONTRACTUAL EMPLOYEES OF THE UNIVERSITY AS WELL AS NO SEPARATE STATUTES ARE AVAILABLE IN MODEL STATUTES FRAMED BY HIGHER EDUCATION DEPARTMENT (RESPONDENT NO. 0), HENCE, THE EXTENSION HAS BEEN MADE WITHOUT ANY RECOMMENDATION OF THE SELECTION COMMITTEE CONSTITUTED BY SYNDICATE AS PER SECTION 00 (0-E) OF THE ACT IBID, SAME HAS BEEN MADE WITHOUT ANY SCRUTINY OF ANY SCRUTINY COMMITTEE AS PER LAW, HENCE, THE ACT OF RESPONDENTS IS IN VIOLATION OF SECTION 00 (0-M) OF KHYBER PAKHTUNKHWA UNIVERSITIES AMENDMENT ACT 0000, SAME HAS BEEN MADE WITHOUT ANY RELEVANT STATUTES AND IS IN CONTRADICTION WITH THE PROVISIONS OF THE ACT IBID, HENCE, THE APPROVAL OF THE EXTENSION FROM THE SYNDICATE WITHOUT FULFILLING THE LEGAL REQUIREMENTS IS ILLEGAL, UNLAWFUL, ARBITRARY, MALAFIDE, WITHOUT JURISDICTION AND BEYOND JURISDICTION AND ARE LIABLE TO BE STRUCK DOWN AS DUE TO UNLAWFUL ACT OF RESPONDENT NO. 0 THE PETITIONERS WILL DIRECTLY EFFECTED WITH REGARD TO THEIR SENIORITY AND DUE PROMOTIONS BEING REGULAR EMPLOYEES OF THE UNIVERSITY. ANY OTHER ORDER/ DIRECTION/ RELIEF WHICH THIS MOUNTH COURT MAY DEEMED FIT AND PROPER IN THE CIRCUMSTANCES.

========================================

It may please your lordships;-

 

The facts giving rise to the instant constitutional petition are arrayed as under;-

 

  1. That, the petitioners were appointed at Name University on regular basis under provisions of Hazara University Act- 1997 and Service Statutes 0000 of Name University framed under this Act. (Appointment letters are appended as Annexure-“A” to “A-__” respectively.).

 

  1. That, petitioners were offering their services at Haripur Campus of Name University as regular employees in Administrative Cadre till 00/00/0000, the, Name Campus of Name University was upgraded and made a separate independent Public Sector University as “University of Name” vide University of Haripur Ordinance 0000 on 00 Month 0000 (Copy of the ordinance 0000 is appended as Annexure “B”)

 

 

  1. That the services of the petitioners were transferred/inducted in University of Name without consulting them and rights and benefits of Service of the petitioners were safeguarded vide Section 00(0) of University of Name Ordinance 0000. The University of Name Ordinance 0000 was repealed by Province Universities Act 0000 on 00 Month 0000 and again rights and benefits of Service of the petitioners were safeguarded vide Section 00(0) of Province Universities Act 0000 (Copy of the 0000 Act is appended as Annexure “C”).

 

  1. That, “Senate” of University of Name adopted statutes, rules & regulation of the University of Name for running affairs of University of Name in its first meeting held on Month. 00, 0000, however, this decision of the Senate was not sent to the Syndicate for advice/views which is ultra vires to the Section 00(0-i) of Province Universities Act 0000 as well as Section 00(0) of Province Universities Act 2012. This decision of the Senate was in contradiction with Section 00(0) of Province Universities Act 2012 as being less favorable to the petitioners in terms of promotion. This August Court vide its judgment dated 00/00/0000 through which 00% quota of promotion for the positions in Administrative Cadre in Name University was allowed. Copy of the judgment is appended as Annexure “D”.

 

 

  1. That, Province Universities Act 2012 was repealed by Province Universities Amendment Act 2015. As before being upgraded as full-fledged University, University of Name was a Campus of Name University, and as per sub-section (0) of 00B of Province Universities Amendment Act 2015, University of Haripur was bound to adopt statutes, rules & regulations of its parent Hazara University till its own statutes framed/approved. Copy of relevant minutes of the 1st Senate is annexed as Annexure “E”.

 

  1. That after written instruction of Higher Education Department dated 00 Month 0000 to follow new (Amendment) Act 0000 within fifteen days, there is no provision to follow/adopt the statute, rules and regulation of City University by the University of City. Adopting statutes of the University of City to run affairs of University of City instead its parent Name University is quite illogical as well as injustice to the employees who were inducted in University of Name from Name University because statutes of Name University are less favourable to them as compared to that of Name University; under which they had joined Name University and were performing their duties before establishment of University of Name. Whereas principally transferring or inducting someone to another institution on less favorable terms & conditions is illegal according to section 00 of Province Universities’ Act 2012 and Government Service Rules on the subject. Copy of the HEDs letter is appended as Annexure “F”

 

  1. That, as the petitioners is carrying sufficient experience in the same university as regular employees and they are senior in their respective position at University of Haripur. Under provisions of Subsection 0 of Section 00B of Province Universities Amendment Act 2015, the petitioners are eligible for promotion on 00% ratio in accordance with Hazara University Act that has been decided by this Honorable Court in petition No 000 & 000/0000 as already appended above.

 

  1. That, Vice Chancellor (respondent No. 0) did not promote petitioner for about three years till Province Universities Amendment Act 2015, further amended vide Province Universities Amendment Act 2016 (Copy of the amended Act 2016 is appended as Annexure “G”)

 

  1. That under Section 00B of Province Universities Amendment Act 2016, all the public sector universities of Province were directed to adopt model statutes under section 00B of the Act ibid, as per section 00B and letters of Higher Education Department, which is also the Administrative Department of public sector universities), Model Statutes had been implemented on public sector universities of the province with effect from 00/00/0000. Copies of the Gazette notification dated 00/00/0000 and letter dated 00/00/0000 are appended as Annexure “H” & “I”.

 

  1. That, Statutes, Rules and Regulations of Name University (being parent University) are still applicable which provides right of promotion to university employees in Administrative Cadre. Furthermore, Section 0(iv) and Section 00 of the Act prescribe that terms and conditions of employment that are different from those applicable to Government servants in general shall be laid down by the University, otherwise, terms & conditions / service rules applicable to the Government servants shall be applicable to University employees. Whereas Government Service Rules recognizes right of promotion to Government Servants.

 

  1. That, number of employees had been appointed in University of Name on contract basis in different scales of Administrative positions from time to time since establishment of University of Name till date without advertisement, selection process and competition. The university advertised the posts through recruitment of BPS-0 to 00 as per decision of the City High Court, City Bench, the position of the contractual employees shall not be disturbed and they will be entertained like other employees till the selection / recruitment of other candidates. Whereupon Contractual employees approached this Honourable Court through writ petition, and this Honorable court was pleased to decide that appointments should be considered through selection process but same was not followed by the Vice Chancellor. Copies of the writ petition/order of this Honourable Court are appended as Annexure “J”.

 

  1. That Vice Chancellor had also appointed several employees on contract from time to time after above-mentioned direction of this Honourable Court despite of the fact that Province Universities Amendment Act 2016 had prescribed to terminate contractual employees under Section 0(g) however, the respondent /VC did not act upon and extended contracts of these employees unlawfully. (Copy of one of the letter extending contract is appended as Annexure “K”).

 

 

  1. That, Province Universities Amendment Act 2016 gave power to the Vice Chancellor under Section 00 (0-e) to “appoint employees on contract basis against the properly created budgeted posts for a period not exceeding three years on the recommendations of a Selection Committee constituted by the Syndicate; Provided that no extension shall be admissible beyond the period of three years: Provided further that the Vice-Chancellor may renew contract of those employees whose contract was terminated before promulgation of the Province Universities (Amendment) Act, 2016, for a period not exceeding three years, subject to thorough scrutiny of all academic documents and eligibility of these employees and availability of properly created budgeted posts, in the best interest of the University”. In light of above provisions of Section 00(0-e) of the Act, the Vice Chancellor (respondent) had extended contract of contractual employees of the University for three years. The said extension has been placed in the Working Paper of 11th meeting of the Syndicate of University of Haripur scheduled on 00 November 0000 for approval of the Syndicate in accordance with above-mentioned Section 00 (0-e) of the Province Universities Amendment Act 2016.

 

That feeling aggrieved of the illegal, unlawful, arbitrary, discriminatory, without jurisdiction beyond jurisdiction act of respondent No. 0, the petitioners come to invoke the extra ordinary jurisdiction of this Honourable Court, inter-alia, on the following grounds:-

 

GROUNDS

 

  1. That appointment/extension of contract employees has not been made under prescribed manner as Syndicate University of Name has not framed separate Statutes for service matters of contractual employees of the University as well as no separate Statutes are available in Model Statutes framed by Higher Education, Libraries and Archives Department of Province in this regard. Hence, the act of the respondent No. 0 is ultra vires, coram non judice, as such, liable to be struck down.

 

  1. That the appointment/extension by respondent No. 0 in favour of the contractual employees has been made without any recommendation of the “Selection Committee constituted by the Syndicate” as prescribed in Section 00(0-e) of the Province University Amendment Act 2016. Hence, same may be declared void ab-initio and of no legal effect.

 

  1. That the appointment/extension has been made by respondent No. 0 without any scrutiny of any “Scrutiny Committee” as prescribed in Section 00(0-e) of the Khyber Pakhtunkhwa University Amendment Act 2016.

 

  1. That as far as the approval of this appointment/extension from the Syndicate is concerned, “Section 00 (0-m) of Khyber Pakhtunkhwa University Amendment Act 2016 bounds Syndicate as “subject to this Act, appoint Teachers, officers and other employees on the recommendation of the Selection Board in BPS-00 and above in accordance with the prescribed Statutes”. As this appointment/extension has been made without any relevant statutes, hence, this is in contradiction with the provisions of the Act, therefore, approval of this appointment/extension from the Syndicate without fulfilling the codal formalities and legal requirements under the law, is unlawful, arbitrary, malafide, without jurisdiction and beyond jurisdiction as such type of appointments can directly effect seniority/due promotions of regular employees. Hence, the act of respondent No. 0 to call the meeting of syndicate without fulfilling the pre-requisite of the law on the subject is illegal and unlawful and they be restrained not to proceed in violation of the rules, regulations of the act ibid.

 

  1. That, respondent No. 0 is adamant to decide the case of conversion of services of a project employee in University of Name, same has been placed in the Working Paper of 0th meeting of the Syndicate of University of Name scheduled on 00 Month 0000 for approval of the Syndicate vide Item No. VI. However, no provision is available in Khyber Pakhtunkhwa University Amendment Act 2016 and Model Statutes for such conversion of services. Such conversion is the violation of the rights of due promotion of regular employees, hence, the respondents be restrained from deciding the unlawful acts which is beyond his jurisdiction and apparently against the law / statutes on the subject.

 

  1. That the petitioners as well as the other regular employees of University of Name from Administrative Cadre have already forwarded their reservations to the respondent Vice Chancellor in writing on 00/00/0000. Copy of the reservations of petitioners is appended as Annexure “L”

 

  1. That it is worth mentioning that in the 0th meeting of the Syndicate, four members (profroma respondents) of the Syndicate directly elected from the faculty of the University objected on the appointment of Chairman under agenda Item-V and inquiry Committee was decided, which was later on changed as Review Committee. All four members wrote a note of dissent on Agenda Item-V of the draft of the minutes of the 9th meeting of the Syndicate. They have also objected on some other agenda items of the 0th meeting of the Syndicate, but, at the end without having the final approved minutes of the 0th meeting of Syndicate, the controversial minutes of the meeting prepared by the Chairperson were formally approved in the next (0th) meeting of the Syndicate. This shows that decision are dictated rather than consulted, which proves the malafides on part of respondents who are adamant to ignore the basic legal and fundamental rights of the petitioners being regular employees of the University and to accommodate those who are not in competition with the rights of the petitioners guaranteed under the constitution and the act ibid.

 

  1. That act of respondents by scheduling the meeting of the syndicate despite being fact that the formation of the syndicate and senate is incomplete, which is against the statutory provisions of the law on the subject and same be declared null and void.

 

  1. That the respondent university are also presenting model statutes with gross modification against the law/act in the coming meeting which is apparently discriminating the rights of the petitioner/regular employees only to make hurdles in the way of the petitioners who are serving the institution with full dedication and to the dire satisfaction of the university on regular basis, they should be given advantage over the outside employees keeping in view their service record.

 

  1. That there is no other alternate, efficacious and adequate remedy available to the petitioner, except the instant petition.

 

  1. That notice/ intimation of filing the instant writ petition against the respondents has duly been served upon the respondents through registered post. Copies of notice & receipt are attached as Annexure “M”.

 

  1. That court fee worth Rs. 500/- is attached with the petition.

 

It is, therefore, most respectfully prayed that by accepting the instant petition, the respondents may graciously be directed not to schedule the meeting of the syndicate on 00/00/0000 without adopting the basic legal requirement as per Khyber Pakhtunkhwa Universities Amendment Act, 2016 and to decide the fate of contractual employees and their extension without framing the relevant statutes and rules regulations made there under. They also be restrained not to proceed in any manner against the act ibid or any other law on the subject so as to safeguard the basic legal and fundamental rights of the petitioners as well as the other regular employees of the university. Any other order/ relief /direction which this Honourable Court may deemed fit and proper in the circumstances for the administration of justice, equity and fair play be also given.

 

INTERIM RELIEF;

 

That the petitioners having prima facie, arguable case in their favour, and burden of inconvenience also tilts in favor of petitioners, the respondents be directed not to proceed in any manner and to arrange a meeting for the employment/extension of the contract employees against the statutory provisions and rules, regulations made there under and to decide the fate without adopting the codal formalities as per law so as to safeguard the basic legal and constitutional rights of the petitioners guaranteed under the law on the subject and the constitution till final disposal of the main writ petition.

 

 

…PETITIONER

Through

Dated: ____________/0000

 

(Name)

Advocate Supreme Court of Pakistan, City

 

 

VERIFICATION:-

 

Verified on oath that the contents of forgoing writ petition are true and correct to the best of our knowledge and belief and nothing has been concealed therein from this Honourable Court.

 

…PETITIONER

 

 

 

BEFORE THE CITY HIGH COURT,

CITY BENCH

 

 

 

Writ Petition No. __________-A/0000

 

 

 

Name son of Name, Deputy Registrar, University of Name and others.

…PETITIONERS

 

 

VERSUS

 

 

Govt. of Khyber Pakhtunkhwa, through, Secretary High Education Department, Name, City.

…RESPONDENTS

 

 

WRIT PETITION

 

 

AFFIDAVIT

 

 

I, Name son of Name, Deputy Registrar, University of Name, do hereby solemnly affirm and declare that the contents of forgoing writ petition are true and correct to the best of my knowledge and belief and nothing has been concealed therein from this Honourable Court.

 

 

 

DEPONENT

 

 

 

 

 

 

 

 

BEFORE THE CITY HIGH COURT,

CITY BENCH

 

 

 

Writ Petition No. __________-A/2016

 

 

 

Name son of Name, Deputy Registrar, University of Name and others.

…PETITIONERS

 

 

VERSUS

 

 

Govt. of Khyber Pakhtunkhwa, through, Secretary High Education Department, Name, City.

…RESPONDENTS

 

 

WRIT PETITION

 

 

CERTIFICATE

 

 

 

Certified that no such like writ petition has earlier been filed, nor decided by this Honourable Court. It is prayed that the titled writ petition may pleased be fixed before Divisional Bench of this Honourable Court.

 

 

…PETITIONERS

Through

Dated: ____________/0000

 

(Name)

Advocate Supreme Court of Pakistan, City

 

 

BEFORE THE CITY HIGH COURT,

CITY BENCH

 

 

 

Writ Petition No. __________-A/0000

 

 

 

Name son of Name, Deputy Registrar, University of Name and others.

…PETITIONERS

 

 

VERSUS

 

 

Govt. of Khyber Pakhtunkhwa, through, Secretary High Education Department, Name, City.

…RESPONDENTS

 

 

WRIT PETITION

 

 

LIST OF BOOKS

 

 

 

  1. Constitution of Islamic Republic of Pakistan, 1973.

 

 

  1. Other relevant law books shall be cited at bar.

 

 

 

 

…PETITIONER

Through

Dated: ____________/0000

 

(Name)

Advocate Supreme Court of Pakistan, City

 

 

 

BEFORE THE CITY HIGH COURT,

CITY BENCH

 

 

 

Writ Petition No. __________-A/0000

 

 

 

Name son of Name, Deputy Registrar, University of Name and others.

…PETITIONERS

 

 

VERSUS

 

 

Govt. of Khyber Pakhtunkhwa, through, Secretary High Education Department, Name, City.

…RESPONDENTS

 

 

WRIT PETITION

 

 

ADDRESSES OF THE PARTIES

 

 

Respectfully Sheweth:-

 

Addresses of the parties are given correctly at the heading of the writ petition.

 

 

 

 

 

…PETITIONERS

Through

 

Dated: ____________/0000

 

(Name)

Advocate Supreme Court of Pakistan, City

 

 

 

 

BEFORE THE CITY HIGH COURT,

CITY BENCH

 

Writ Petition No. __________-A/0000

 

Name son of Name, Deputy Registrar, University of Name and others.

…PETITIONERS

 

 

VERSUS

 

 

Govt. of Khyber Pakhtunkhwa, through, Secretary High Education Department, Name, City.

…RESPONDENTS

WRIT PETITION

 

INDEX

S. # Description Page # Annexures
1. Writ petition with affidavit and certificate 01 to 25  
2. List of Books 26  
3. Addresses of the parties 27  
4. Appointment letters of petitioners   “A” to “A-_”
5. Copy of the ordinance 2012   “B”
6. Copy of the 2012 Act   “C”
7. Copy of judgment  dated 00/00/0000   “D”
8. Copy of relevant minutes of the 1st Senate   “E”
9. Copy of the HEDs letter   “F”
10. Copy of the amended Act 2016   “G”
11. Copy of the Gazette notification dated 00/00/0000   “H”
12. Copy of letter dated 00/00/0000   “I”
13. Copies of the writ petition/order of this Honourable Court   “J”
14. Copy of one of the letter extending contract   “K”
15. Copy of the reservations of petitioners   “L”
16. Copies of notice & receipt   “M”
17. Court fee stamp paper worth of Rs. 500/-    
18. Wakalatnama    

 

 

…PETITIONER

Through

Dated: ____________/0000

(Name)

Advocate Supreme Court of Pakistan, City

OFFICE OF NAME

Advocate Supreme Court of Pakistan, office at City

 

To

 

  1. of Province, through, Secretary High Education Department, Province, City.

 

  1. University of Name, through, Vice Chancellor, University of Name, City.

 

  1. Registrar, University of Name.

 

  1. Secretary Higher Education Department, (HED) City, member syndicate.

 

  1. Secretary Finance Department, Govt. of Province, member syndicate.

 

  1. Secretary Establishment Department, Govt. of Province, member syndicate.

 

  1. Name, elected member syndicate, University of Name.

 

  1. Name, Associate Professor, elected member syndicate, University of Name.

 

  1. Name, Assistant Professor, elected member syndicate, University of Name.

 

  1.          Name, lecturer, elected member syndicate, University of Name.

 

Subject:       NOTICE OF FILING OF WRIT PETITION.

 

On the advice of M/S Name son of Name, Deputy Registrar, University of Name and others a writ petition is being filed before the Honourable City High Court, City. A notice/ intimation of the same are being sent to you for information/ necessary action under the law. Copy of writ petition is attached herewith.

 

Dated: ___________/0000

 

(Name)

Advocate Supreme Court of Pakistan, City

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