2002 PLP (C (PLC(CS))

(ii) the Chairman or a Member Sindh Public Service Commission to be nominated by the Chairman. (iii) the Dean of the faculty concerned, (iv) the Chairman of the Teaching Department concerned; and (v) one Member of the Syndicate and two other men of eminence, to be appointed by the Syndicate, provided that neither of the three are employees of the University. (2) The Members mentioned in sub‑clause (v) of clause (1) shall hold office for two years. (3) (a) Four Members shall form the quorum for selection of a Professor or an Associate Professor and three members for the selection of other Teachers. (b) In case of Officers other than teachers the Selection Board shall consist only of Members at sub‑clauses (i), (ii) and (v) of clause (1). (4) No Member who is candidate for the post of which appointment is to be made shall take part in the proceedings of the Board. (5) In selecting candidates for the posts of Professors and Associate Professors, the Selection Board shall co‑opt or consult three experts in the subject and in selecting candidates for other teaching posts, two experts in the subject concerned, to be nominated by the Vice Chancellor from a standing list of experts for each subject approved by the Syndicate on the recommendations of the Selection Board and revised from time to time." In the instant appeals M/s Noor Muhammad Memon and Barkatullah Qureshi were promoted as officers i.e. Inspector of Colleges (BPS‑19) and Secrecy Officer (BPS‑18) respectively, therefore, Selection. Board must be in accordance with section 6(3)(b) of the Statute: The Selection Board shall be consisted of 5 Members as under:‑‑ (i) The Vice Chancellor (Chairman) (ii) The Chairman or a Member of Sindh Public Service Commission to be nominated by the Chairman, (iii) One Member of the Syndicate, and (iv) Two other men of eminence, to be appointed by the Syndicate, provided that neither of the three are employees of the University. Admittedly, the meeting of Selection Board of the University held on 2‑11‑1997 was attended by only three Members i.e.:‑‑ (1) Prof. Dr. Bashir A. Shaikh In Chair (2) Prof. Dr. Noor Muhammad Memon, Member Sindh Public Service Commission, Member (3) Maula Bux Soomro, Retd. Divisional Superintendent of Railways. Member It is thus clear that 3 out of 5 Members had attended the meeting of the Selection Board held on 2‑11‑1997, the Selection Board was, therefore, not complete as per section 6(3)(b) of the Statute referred to above. The contention of learned counsel for the official respondents that by the time the meeting of Selection Board was convened, the remaining two Members were not appointed and that no quorum is required under the law, has no force. The fact that 2 Members were not appointed by that time does not mean that remaining 3 Members have full authority and power to recommend the promotion(s) of an employee of the University. As stated above, section 6(3)(b) of the Statute clearly provides that Selection Board in cases of Officers other than teachers shall consist of 5 Members, there is thus no question of quorum. The quorum requires for the purpose of selection of a Professor or an Associate Professor as per section 6(3)(a) and not for section 6(3)(b). It is a well‑settled principle that if law provides that a particular thing is to be done in a particular manner/way, it is be done‑either in the same manner/or not at all. The fact that Syndicate had approved recommendations of the Selection Board does not mean that the illegality made by the Selection Board has been legalised. In view of the above discussion, since the very Selection Board was not complete as required by law its recommendations are illegal, ab initio null and void, nullity in the eyes of law and corum non judice. Accordingly we allow these appeals and set aside the two notifications/orders dated 15‑12‑1997 in respect of Promotion of M/s Noor Muhammad Memon (respondent No.4 in Appeal Nos.87 of 1998) and Barkatullah Qureshi (respondent No.5 in Appeals Nos.91 of 1998‑ and 192 of 1998). We also direct the official respondents to convene the meeting of Selection board afresh as required by law. If for any reason the remaining 2 Members are not yet appointed, the University is directed to appoint the same as early as possible and then to convene the meeting of Selection Board afresh for the purpose of consideration of promotions of the deserved employees/candidates, as per law. Announced in open Court Camp at Sukkur. Given under our hands and seal of the Tribunal this 13th day of December, 2001. H.B.T./81/K(S.trib) Appeal allowed.