1993 PLP (C (PLC(CS))

‑‑‑‑Art.199‑‑‑Constitutional petition‑‑‑Competency‑‑‑Constitutional petition calling in question validity of appointment of respondent as Principal of a Medical College and challenging certain administrative measures taken by him‑‑‑Constitutional petition was in fact an offshoot of another Constitutional petition throwing challenge to the appointment of respondent as Principal, filed by another colleague of the petitioner and was, thus, mala fide‑‑‑Creation of another unit of spec department by the respondent which was complained of, by the petitioner was in fact, a laudable attempt to provide services and facilities to ever growing population‑‑‑Constitutional petition had been filed as a professional or business rivalry‑‑‑Administrative changes complained of by petitioner was a question, purely related to internal management of the establishment and respondent was competent to take such steps on administrative side with a view to running affairs of the establishment efficiently‑‑‑Such internal management could not be subject‑matter of a Constitutional petition. Raja Muhammad Anwar for Petitioner. Maqbool Elahi Malik, A.‑G., Pb. with Muhammad Rashid Malik for Respondent No.

1. D.M. Awan for Respondent No.

2. Date of hearing: 25th April, 1992. Petitioner Professor Doctor Hajira Hanif, a Professor of Gynae and Obstet in the Fatima Jinnah Medical College, Lahore has filed this petition to call in question the validity of the appointment of respondent No. 2 Dr. Fakhar‑un‑Nisa, Principal, Fatima Jinnah Medical College, Lahore as well as has thrown challenge to certain administrative measures taken by respondent No. 2 to run the Gynecology Department of the College.

2. Grievance of the petitioner is that before the appointment of respondent No. 2, there were two units in Guyana and Obstet in the College comprising one Professor, Assistant Professor and Associate Professor and one Senior Registrar and five Registrars. It was alleged that in an illegal manner, respondent No. 1 through illegal orders has upset the‑ abovementioned system. The first grievance of the petitioner is the assumption of the charge by respondent No. 2 a Principal on the expiry of the term of Dr. Nabiha W. Hasan. The petitioner has also called in question the orders of respondent No. 2, whereby, she also assumed the responsibilities to work as Professor of Gynae and Obstet in the College in addition to her duties as Principal. The petitioner also disputes the establishment of three units of Gynae and Obstet instead of two as against the existing staff of establishment of two units in the Department of Gynae and Obstet. The petitioner has also made grievance as to the appointment of respondent No. 2 as Professor of Gynae and Obstet.

3. This writ petition is actually an offshoot of Writ Petition No. 6711/90. The petition is mala fide and has been filed to support Dr. Shabnam Iqbal Niazi in throwing the challenge to the appointment of respondent No. 2 as Principal. As far as creation of third unit of Gynae and Obstet is concerned, it is a laudble attempt to provide the services and facilities to ever growing population of Lahore and the surrounding areas. In fact, it is a professional or business rivalry with respondent No. 2, as a result of which, this petition has been filed. Indirectly, the appointment of respondent No. 2 as Principal was also called in question, but the same has been dealt with by this Court in Writ Petition No. 6711/90. As far as creation of third Unit of the Department of Gynae and Obstet, and assuming the role of the Head of the Gynae and Obstet Department by respondent No. 2 is concerned, this question is purely related to the internal management of the Hospital for which respondent ' No. 2 is competent to take such steps on the administration side with a view to run the affairs of the Hospital efficiently. Such internal management cannot be subject matter of writ petition filed in this Court under Article 199 of the Constitution of Islamic Republic of Pakistan in this view of the matter, I do not find any merits in this petition and the same stands dismissed. A.A.7H‑44/L Petition dismissed.