Extension in tenure

Petitioner impugned the notification whereby respondent, after his retirement from post of Vice-Chancellor was appointed to the said post again on temporary basis and contended inter alia, that incumbent Vice-Chancellor, under the Pir Mehr Ali Shah Arid Agriculture University, Rawalpindi Act, 1995 could not be granted extension in tenure since under the statute, the functions of the Vice-Chancellor, if the said office fell vacant, were to be performed by Pro-Vice-Chancellor

Validity

Section 14(9) of the Pir Mehr Ali Shah Arid Agriculture University, Rawalpindi Act, 1995 provided that in case the office of Vice-Chancellor fell vacant, the Pro-Vice-Chancellor was to perform functions of the said office, however, in the present case office of the Pro-Vice-Chancellor was also vacant at the time of the impugned notification

Temporary arrangement was made only if at any time (the intervening period) there was a temporary dysfunctionality due to non-availability of the Pro-Vice-Chancellor and as soon as, such dysfunctionality was cured or removed, intervening period and the corresponding temporary arrangement came to an end

High Court observed that notification assigning duties of Vice-Chancellor to respondent on temporary basis till the appointment of regular Vice-Chancellor was automatically superseded by the notification appointing the Pro-Vice-Chancellor and said newly appointed Pro-Vice-Chancellor shall perform the functions of the post of Vice-Chancellor till such time that a regular Vice-Chancellor was appointed, with immediate effect

Constitutional petition was allowed, accordingly.