2013 PLP (C (PLC(CS))

ALI BAQAR NAJAFI, J.

This single order disposes of Writ Petition No.2431 of 2012, Writ Petition No.2063 of 2012, Writ Petition No.2680 of 2012, Writ Petition No.2485 of 2012 and Criminal Original No.141-W of 2012, as common questions of law and facts are involved in all these cases. W.P.No.2431 of 2012 The petitioners through this writ petition calls in question the appointment of respondent No.1 and all his orders/action, taken after 1-4-2010. He prays to declare his appointment as null and void and his orders to have been passed without lawful authority with the further prayer that the concerned authority be directed to make necessary arrangement for the appointment of Vice-Chancellor of Wah University in accordance with the University of Wah Act, 2009. W.P.No.2063 of 2012 This petition challenges order dated 10-8-2012 transferring the petitioner, Raja Muhammad Nasir to Wah Engineering College (WEC) against the vacant post of Lecturer and his immediate relieving order 12-8-2012 without completing the process of handing/taking over charge, passed by newly appointed subordinates of respondent No.l Vice-Chancellor University of Wah, Wah Cantt. W.P.No.2680 of 2012 Omer Nadeem, petitioner, who was appointed as Lab. Supervisor on 15-7-2006 on contract basis for one year impugns verbal order dated 31-8-2012 passed by respondent No.1 with the further direction to respondent No.1 to extend his contract and to regularize the his services in the respondent-University. W.P.No.2485 of 2012 Ms. Shahla Riaz who is wife of Raja Muhammad Nasir Khan, petitioner in the connected writ petitions applied for the post of Principal Mashal Degree College, advertised in daily Urdu Newspaper on 20-8-2012 and has challenged notification dated 18-9-2012 appointing respondent No.1, Acting Vice-Chancellor, University of Wah, Wah Cantt. head/member of the penal for conducting interviews for the said post. She prays direction for change of respondent No.1 and appointment as head/member of the interview penal, some other competent and impartial person. Crl. Orig No.141-W-2012 Raja Muhammad Nasir Khan, petitioner, has filed the instant contempt petition praying initiation of contempt proceedings against the respondents under sections 3/4 of the Contempt of Court Act for violating order of this court dated 17-8-2012 in Writ Petition No.2063 of 2012 as vide letter dated 11-10-2012 the respondents processed for approval of an agenda known as "Approval of the Agenda of 1 of 2012 meeting of Board of Governors of the University of Wah, Wah Cantt.".

2. Learned counsel for the petitioner submits that respondent No.1 is not a legally constituted authority in terms of sections 2(p) (q), 12 and 18 (1)(a) of the University of Wah Act, 2009; that no rules were framed there under; that the Board constituted under section 18 of the Act ibid does not convene meeting and the consent/signatures of the members is received by circulation; that respondent No.1 is appointing and ousting number of teaching and other staff by using the powers of Vice-Chancellor which is illegal and not provided in the Act ibid as post of Vice-Chancellor has been lying vacant since April, 2010; that the tenure post is to be filled up in accordance with the rules and the policy, as huge funds are to be received by them. By placing reliance on Dr. AFTAB AHMAD MALIK v. UNIVERSITY OF ENGINEERING AND TECHNOLOGY and others (2005 PLC (C.S.) 80) and BOARD OF GOVERNOR AITCHISON COLLEGE, LAHORE v. PUNJAB LABOUR APPELLATE TRIBUNAL and others (2001 SCMR 1928).

3. Conversely, the learned Legal Advisor questions the maintainability of the writ petition and submits that the University does not have statutory rules; that no rules are framed under sections 26, 27 and 29 of the Act IV of 2009; that no fundamental rights of the petitioners are violated; that the petitioners have approached this Court with unclean hands as the facts were distorted; that the learned counsel on merits, submits that in the background of the fact that on 1-4-2010, the then Vice-Chancellor had abruptly resigned, therefore, in order to deal with the emergency situation the Acting Vice-Chancellor was appointed under section 10 of the Act; that the efforts of the Search Committee is underway and the post of Vice-Chancellor has already been advertised on 21-10-2012, where after the same is in process; that the petitioners have a personal interest, therefore, the petitions cannot be regarded as filed in the capacity of pro bono publico; that the petitioner himself remained posted as Registrar from 2007 to 2010, therefore, he cannot put a blame upon the respondents solely for not taking steps for filling up the vacancy.

4. I have heard the learned counsel for the parties and perused the record.

5. The office of the Vice-Chancellor has been maintained as Officer of the University under section 7 of the University of Wah Act, 2009. The Government, on the recommendation of the Search Committee can appoint a person as Vice-Chansellor for three years on terms and conditions as determined by the Board constituted under section 18 ibid. However, under section 12 ibid if the office of the Vice-Chancellor is vacant, or he is absent or unable to perform functions due to illness, the Board may make arrangement for the performance of the duties of the Vice-Chansellor by any other person as it deems fit which in this case has not been done.

6. This means that the post of Vice-Chansellor is described as Tenure Post whereas the Acting Vice-Chancellor is a temporarily arranged post until the regular incumbent is made available. Surely, this is for the interim period. Moreover, the exact powers of such an official have to be defined in unequivocal terms for a definite period by the Board. This Court can easily visualize the disastrous consequences which may ensue for a university being run without its Vice-Chansellor for indefinite period. A serious search for a Vice-Chancellor is also lacking in the matter for the simple reason that there cannot be any dearth of an appropriate and duly qualified person for appointment as Vice-Chancellor.

7. The two posts cannot be equated as one being a tenure post described as the officer of the University and, second bound by the empowering instrument issued by the Board. The Office of the Acting Vice-Chancellor cannot be dispensed with even temporarily and definitely for a longer period such as in this case. Needless to state that during this period the Acting Vice-Chancellor will not be the substitute for the Vice-Chancellor.

8. For what has been discussed above, Writ Petition No.2431 of 2012 is allowed and appointment order of respondent No.1 as Acting Vice-Chancellor, University of Wah, Wah Cantt. is declared to have been passed without lawful authority and following the prescribed procedure/rules provided under the University of Wah Act, 2009. The concerned authority under the Act is directed to follow its own prescribed procedure and appoint Vice-Chansellor of the University. This exercise will be completed without further delay. KMZ/M-19/L Petition allowed.