2000 PLP 48 (CLC)

2. The circumstances in which the dispute arises are that, the petitioner is. a Lecturer in the Department of Agronomy, University of Agriculture, Faisalabad. Respondent No.3, Mr. Shafique Anwar, was appointed as an ad hoc Lecturer in the University by the Vice‑Chancellor in the purported exercise of his emergency powers under section 15(3) of the University of Agriculture, Faisalabad Act, 1973. The elections to the Syndicate of the University of Agriculture Faisalabad was held on 19‑7‑1997 in which both the petitioner as also espondent No.3 were candidates. Respondent No.3 was elected as a Member of the Syndicate while the petitioner lost the electron. Thereupon, he filed an election petition under Statute No.23 (2) of the University of Agriculture Faisalabad (University Teachers) Election Statutes; J 973 That petition was, however, rejected by a Committee constituted by the Vice‑Chancellor on 30‑12‑1997. Hence this petition.

3. The learned counsel for the petitioner has contended that admittedly respondent No.3 was an ad hoc employee of the University and as such he was not eligible to become a voter or to contest the election to any seat in the Syndicate. In support of this contention, reliance has been placed on Prof. Dr. Muhammad Bilal Sukhera v. Islamia University Bahawalpur and 6 others PLD 1993 Lah.474,

4. This petition has been contested, both by respondents Nos. l and 2 and respondent o.3 by filing separate written statements. The fact that the petitioner was a permanent employee and that respondent No.3 was appointed on ad hoc basis is admitted. It has, however, been stated that respondent No.3 could validly become a Member of the electoral college and was competent to contest the election to the Syndicate. ,,

5. At the very outset it will be convenient to refer to the relevant provisions of The University of Agriculture, Faisalabad Act, 1973, in section 2(w) of which, "Teachers" has been defined as:‑‑ " 'Teachers' means Professors, Associate Professors, Assistant Professors, Lecturers and Instructors engaged whole time, by the University or by the college for teaching degree, honours or post graduate classes, and such other persons as may be declared to be Teachers by Regulations:‑‑‑ Words "University Teacher" have been defined in clause (Z) of section 2, to mean, a whole time teacher appointed by the University or recognized as such by the university. Syndicate is one of the Authority of the University as laid down in section 21 of the University of Agriculture Faisalabad Act, 1973. The composition of the Syndicate has been given in section 24 of the Act, which provides that it shall consist of Vice‑Chancellor, who shall be the Chairman, the Pro‑Vice‑Chancellor, if any, one member of the Provincial Assembly of the Punjab to be nominated by the Speaker of the Assembly, two members of the Senate to be elected by the Senate, the Chief Justice of the Lahore High Court, Lahore or his nominee from amongst the Judges of the Lahore High Court, Secretary to Government of Punjab, Agriculture Department, one nominee of the University Grants Commission, one Deen to be nominated by the Chancellor on the recommendation of the Vice‑Chancellor, one professor, one Associate, one Assistant Professor and one such Lecturer as has completed a minimum of two years service in the University to be elected respectively by and from amongst themselves, three persons of eminence including one scholar at Islamic Jurisprudence and one woman not serving in any educational institution to be nominated by the Chancellor, one Principal .of the affiliated colleges to be nominated by the Chancellor, the President of the University Students Union, Secretary to Government of the Punjab, Livestock and Dairy Development Department and Secretary to Government of the Punjab, Finance Department or his representative not below the rank of Additional Secretary. In subsection (2) of section 24 it is provided that tenure of the office of the Members other than ex‑officio members shall be 3 years.

6. According to section 25 of the Act; the Syndicate shall be .the Executive Body of the University and shall subject to the provisions of the Act and the Statutes, take effective measures to raise the standard of teaching, research and publication and other academic pursuits and service general supervision over the affairs and management of the property of the University.

7. The University ‑ has framed the University of Agriculture Faisalabad (University Teachers) Election Statutes, 1973, according to which the Registrar is required to prepare and maintain a list of the University teachers as defined in clause (Z) read with section 2(w) of the University of. Agriculture Faisalabad Act, 1973, entering the names, addresses and the designation of the University Teachers, cadre‑wise and the date of appointment as a ‑University Teacher. It is only the elector whose name appear and in the role prepared by the Registrar who is competent to vote or to contest the election to a post in Syndicate of University of Faisalabad.

8. On a close examination of various provisions of The University of Agriculture Faisalabad Act, 1973 and the University of Agriculture Faisalabad (University Teachers) Election Statutes, 1973, it shall be found that only a teacher who is regularly appointed against a post can be considered to be an elector and is competent to contest the election as and be a candidate at the elections. The power to appoint University teacher or a teacher vests in Syndicate. However, the Vice‑Chancellor can, in the exercise of his emergency powers to create and fill temporary posts for a period not exceeding 6 months. Neither in the Act nor in the Statute framed, ad hoc employees are entitled to participate in the election in any manner whatsoever.

9. If the contention of the learned counsel for the respondent that ad hoc employees can also contest the election, is accepted, it would lead to an anomalous result inasmuch as although the tenure of the appointment of ad hoc employees cannot exceed 6 months, yet he become‑Member of the Syndicate and he will hold that office for 2 years. Furthermore, the appointment to the post of teacher and University teacher is to be made by the Syndicate, he could be in a position to employee himself on regular basis.

10. The precedent relied upon by the learned counsel for the petitioner namely Prof. Dr. Muhammad Bilal Sukhera v. Islamia University, Bahawalpur PLD 1993 Lah. 474 supports the case of the petitioner. In that case, the election to the Syndicate of Islamic University of Bahawalpur, were challenged on the ground that ad hoc employees can not form the electoral college. A learned single Judge of this Court upheld this contention by observing that respondent No.2 being an ad hoc employee of the University, could neither become a member of the electoral college nor could he be elected as a Member of the Syndicate. In view of what has beets said above, this petition is allowed, the election of respondent Na.3 to a post in the Syndicate is declared to be without any lawful authority and of no legal effect. No order, as to costs. H.B.T./A‑165/L Petitioner allowed.