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Petitioner: Hina Khan & others VS Respondent: Registrar University of Swat & others
Court Name: Peshawar High Court Judge(s): Syed Arshad Ali, Wiqar Ahmad Title: Hina Khan & others vs Registrar University of Swat & others Case No.: (1) W.P. No. 394-M/2019 (2) W.P. No. 395-M/2019 (3) W.P. No. 397-M/2019 Date of Judgment:2019-11-18 Reported As: 2020 PHC 20 Result: Petition dismissed
JUDGMENT
JUDGMENT WIQAR AHMAD, J. Our this consolidated judgment is directed to dispose of W.P. No. 394-M of 2019, W.P. No. 395-M/2019, W.P. No. 397/2019, W.P. No. 398-M/2019, W.P. No. 399- M/2019, W.P. No. 400-M/2019, W.P. No. 401-M/2019, W.P. No. 402-M/2019, W.P. No. 403-M/2019, W.P. No. 404-M/2019, W.P. No. 405-M/2019, W.P. No. 406-M/2019, W.P. No. 407-M/2019, W.P. No. 408-M/2019, W.P. No. 409-M/2019, W.P. No. 410-M/2019, W.P. No. 412-M/2019, W.P. No. 413-M/2019 and 414-M/2019, as common questions of law and facts are involved in these petitions. 2. Brief facts of each case are given hereunder; W.P. No. 394-M/2019 "Hina Khan v/s Registrar University of Swat etc." The petitioner was appointed as lecturer at the department of Economics University of Swat on 2nd July 2013 on contract basis for a period of six (6) months with effect from the date of joining duty, at a fixed pay of Rs. 49,727/- per month. Her contract was extended from time to time till 9th July 2018, by orders of the Vice Chancellor of the University under the powers vested in him by section 11 (5) (c) of University of Swat Regulation, 2010 (hereinafter referred to as "the Regulation"). The seat on which the petitioner was working was later on advertised by the University authorities and contract of the petitioner was not extended any further as the post was intended to be filled on regular basis. Applications were later on invited for filling the seats on regular basis. Aggrieved from non- extension of her contract and with a prayer of regularization of the service, the petitioner filed the instant writ petition. W.P. No. 395-M/2019 "Muhammad Ismail v/s Registrar University of Swat & others"
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The petitioner was appointed as lecturer at the department of Computer and Software Technology University of Swat on 23rd January 2014 on contract basis for a period of six (6) months with effect from the date of joining duty. His contract was extended from time to time till 9th July 2018, by orders of the Vice Chancellor of University under the powers vested in him by section 11 (5) (c) of the Regulation. The seat on which the petitioner has been working was later on advertised by the University Authorities and contract of the petitioner was not extended any further as the post was intended to be filled on regular basis. Applications were later on invited for filling the seats on regular basis. Aggrieved from non-extension of his contract and with a prayer of regularization of the service, the petitioner filed the instant writ petition. W.P. No. 397-M/2019 "Asma Bibi v/s Registrar University of Swat & others" The petitioner was appointed as lecturer at the department of Chemistry University of Swat on 1st September 2014 on contract basis for a period of six (6) months with effect from the date of joining duty, at a fixed pay of Rs. 51,727/- per month. Her contract was extended from time to time till 9th July 2018, by orders of the Vice Chancellor of the University under the powers vested in him by section 11 (5) (c) of the Regulation. The seat on which the petitioner was working was later on advertised by the University Authorities and contract of the petitioner was not extended any further as the post was intended to be filled on regular basis. Applications were later on invited for filling the seats on regular basis. Aggrieved from non-extension of her contract and with a prayer of regularization of the service, the petitioner filed the instant writ petition. W.P. No. 398-M/2019 "Muhammad Sohail v/s Registrar University of Swat & others" The petitioner was appointed as lecturer at the department of Finance University of Swat on 1st September 2014 on contract basis for a period of six (6) months or till arrival of permanent selectee whichever is earlier with effect from the date of joining duty, at a fixed pay of Rs. 51,727/- per month. His contract was extended from time to time till 9th July 2018, by orders of the Vice Chancellor of the University under the powers vested in him by section 11 (5) (c) of the Regulation. The seat on which the petitioner was working was later on advertised by the University Authorities and contract of the petitioner was not extended any further as the post was intended to be filled on regular basis. Applications were later on invited for filling the seats on regular basis. Aggrieved from non-extension of his contract and with a prayer of regularization of the service, the petitioner filed the instant writ petition. W.P. No. 399-M/2019 "Mst. Shazia v/s Registrar University of Swat & others" The petitioner was appointed as lecturer at the department of Botany University of Swat on 17th August 2015 on contract basis for a period of one year with effect from the date of joining duty or till arrival of permanent selectee, at a fixed pay of Rs. 53,727/- per month. Her contract was extended from time to time till 9th July 2018, by orders of the Vice Chancellor of the University under the powers vested in him by section 11 (5) (c) of the Regulation. The seat on which the petitioner was working was later on advertised by the University Authorities and contract of the petitioner was not extended any further as the post was intended to be filled on regular basis. Applications were later on invited for filling the seats on regular basis. Aggrieved from non-extension of her contract and with a prayer of regularization of the service, the petitioner filed the instant writ petition. W.P. No. 400-M/2019 "Hamid-ur-Rehman v/s Registrar University of Swat & others" The petitioner was appointed as lecturer at the department of Zoology University of Swat on 24th October 2013 on contract basis for a period of six (6) months with effect from the date of joining duty or till arrival of permanent selectee, whichever is earlier . His contrac t was extended from time to time till 9th July 2018, by orders of the Vice Chancellor of the University under the powers vested in him by section 11 (5) (c) of the Regulation. The seat on which the petitioner was working was later on advertised by the University Authorities and contract of the petitioner was not extended any further as the post was intended to be filled on regular basis. Applications were later on invited for filling the seats on regular basis. Aggrieved from non-extension of his contract and with a prayer of regularization of the service, the petitioner filed the instant writ petition.
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W.P. No. 401-M/2019 "Naseerullah v/s Registrar University of Swat & others" The petitioner was appointed as lecturer at the department of Zoology University of Swat on 28th July 2015 on contract basis for a period of twelve months with effect from the date of joining duty or till arrival of permanent selectee, whichever is earlier at a fixed pay of Rs. 53,727/- per month. His contract was extended from time to time till 9th July 2018, by orders of the Vice Chancellor of the University under the powers vested in him by section 11 (5) (c) of the Regulation. The seat on which the petitioner was working was later on advertised by the University Authorities and contract of the petitioner was not extended any further as the post was intended to be filled on regular basis. Applications were later on invited for filling the seats on regular basis. Aggrieved from non-extension of his contract and with a prayer of regularization of the service, the petitioner filed the instant writ petition. W.P. No. 402-M/2019 "Naeemullah Vs Registrar University of Swat &others" The petitioner was appointed as lecturer at the department of Computer Science University of Swat on 23rd January 2014 on contract basis for a period of six (6) months with effect from the date of joining duty. His contract was extended from time to time till 9' July 2018, by orders of the Vice Chancellor of the University under the powers vested in him by section 11 (5) (c) of the Regulation. The seat on which the petitioner was working was later on advertised by the University Authorities and contract of the petitioner was not extended any further as the post was intended to be filled on regular basis. Applications were later on invited for filling the seats on regular basis. Aggrieved from non-extension of his contract and with a prayer of regularization of the service, the petitioner filed the instant writ petition. W.P. No. 403-M/2019 Zahid Nasir v/s Registrar University of Swat & others" The petitioner was appointed as lecturer at the department of Pak Studies University of Swat on 12th October , 2015 on contract basis for a period of one year with effect from the date of joining duty or till arrival of permanent selectee, at a fixed pay of Rs. 53,727/- per month. His contract was extended from time to time till 26th July 2018, by orders of the Vice Chancellor of the University under the powers vested in him by section 11 (5) (c) of the Regulation. The seat on which the petitioner was working was later on advertised by the University Authorities and contract of the petitioner was not extended any further as the post was intended to be filled on regular basis. Applications were later on invited for filling the seats on regular basis. Aggrieved from non-extension of his contract and with a prayer of regularization of the service, the petitioner filed the instant writ petition. W.P. No. 404-M/2019 "Ifhwaia T arip Zaid v/s Registrar University of Swat & others" The petitioner was appointed as lecturer at the department of Economics University of Swat on 5th March 2015 on contract basis for a period of six (6) months with effect from the date of joining duty or till arrival of permanent selectee, whichever is earlier at fixed pay of Rs. 53, 727/- per month. His contract was extended from time to time till 9th July 2018, by orders of the Vice Chancellor of the University under the powers vested in him by section 11 (5)(c) of the Regulation. The seat on which the petitioner was working was later on advertised by the University Authorities and contract of the petitioner was not extended any further as the post was intended to be filled on regular basis. Applications were later on invited for filling the seats on regular basis. Aggrieved from non-extension of his contract and with a prayer of regularization of the service, the petitioner filed the instant writ petition. W.P. No. 405-M/2019 "Mst. Neelam Akber Marwat v/s Registrar University of Swat & others" The petitioner was appointed as lecturer at the department of Marketing University of Swat on 8th September 2014 on contract basis for a period of six (6) months with effect from the date of joining duty. Her contract was extended from time to time till 9th July 2018, by orders of the Vice Chancellor of the University under the powers vested in him by section 11 (5)(c) of the Regulation . The seat on which the petitioner was working was later on advertised by the University Authorities and contract of the petitioner was not extended any further as the post was intended to be filled on regular basis. Applications were later on invited for filling the seats on regular basis. Aggrieved from non-
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extension of her contract and with a prayer of regularization of the service, the petitioner filed the instant writ petition. W.P. No. 406-M/2019 "Maryam v/s Registrar University of Swat & others" The petitioner was appointed as lecturer at the department of Basic Science (Education Department) on 18th March 2011 on contract basis for a perio d of six (6) months. Her contract was extended from time to time till 9th July 2018, by orders of the Vice Chancell or of the University under the powers vested in him by section 11 (5)(c) of the Regulation. The seat on which the petitioner was working was later on advertised by the University Authorities and contract of the petitioner was not extended any further as the post was intend ed to be filled on regular basis. Applications were later on invited for filling the seats on regular basis. Aggrieved from non-extension of her contract and with a prayer of regularization of the service, the petitioner filed the instant writ petition. W.P. No. 407-M/2019 "Bushra Kiran v/s Registrar University of Swat & others" The petitioner was appointed as lecturer at the department of Economics on 17th September 2010 on contract basis. Her contract was extended from time to time till 13th October 2016, by orders of the Vice Chancellor of the University under the powers vested in him by section 11 (5)(c) of the Regulation. The seat on which the petitioner was working was later on advertised by the University Authorities and contract of the petitioner was not extended any further as the post was intended to be filled on regular basis. Applications were later on invited for filling the seats on regular basis. Aggrieved from non-extension of her contract and with a prayer of regularization of the service, the petitioner filed the instant writ petition. W.P. No. 408-M/2019 "Aiiya Bibi v/s Registrar University of Swat & others" The petitioner was appointed as lecturer at College of Home Sciences University of Swat on 17th September 2014 on contract basis. Her contract was extended from time to time till 9th July 2018, by orders of the Vice Chancellor of the University under the powers vested in him by section 11 (5)(c) of University of the Regulation. The seat on which the petitioner was working was later on advertised by the University Authorities and contract of the petitioner was not extended any further as the post was intended to be filled on regular basis. Applications were later on invited for filling the seats on regular basis. Aggrieved from non-extension of her contract and with a prayer of regularization of the service, the petitioner filed the instant writ petition. W.P.No. 409-M/2019 "Jawad Muhammad v/s Registrar University of Swat & others" The petitioner was appointed as lecturer at the department of Economics University of Swat on 5th March 2015 on contract basis for a period of six (6) months with effect from the date of joining duty or till arrival of permanent selectee, whichever is earlier at fixed pay of Rs. 53, 727/- per month. His contract was extended from time to time till 9th July 2018, by orders of the Vice Chancellor of the University under the powers vested in him by section 11 (5)(c) of the Regulation. It had not been disclosed in the writ petition but the respondents/university have annexed with its comments a letter dated 25th October 2015 whereby the petitioner namely Mr. Jawad Mohammad had been appointed as lecturer in Economics on regular basis after being so concurred by the Syndicate of University of Swat. He was also shown to have been pursuing his Ph.D studies overseas under the Faculty Development Program of the University . His subsequent appointment dated 25th October 2018 is not disputed in the instant proceedings, the petitioner is however seeking his regularization from his initial date of appointment i.e. 5th March 2015 on contract basis made by Vice Chancellor under the powers vested in him by section 11 (5) (c) of the Regulation. W.P. No.410-M/2019 "Shehryar Khan v/s Registrar University of Swat & others" The petitioner was appointed as lecturer at the department of Development Studies University of Swat on 5th March 2015 on contract basis for a period of six (6) months with effect from the date of joining duty or till arrival of permanent selectee, whichever is earlier at fixed pay of Rs. 53, 727/- per month. His contract was extended from
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time to time till 2nd July 2018, by orders of the Vice Chancellor of the University under the powers vested in him by section 11 (5)(c) of the Regulation. The seat on which the petitioner was working was later on advertised by the University Authorities and contract of the petitioner was not extended any further as the post was intended to be filled on regular basis. Applications were later on invited for filling the seats on regular basis. Aggrieved from non- extension of his contract and with a prayer of regularization of the service, the petitioner filed the instant writ petition. W.P. No.412-M/2019 "Rabia Siraj v/s Registrar University of Swat & others" The petitioner was appointed as lecturer at the department of Economics University of Swat on 11th September 2014 on contract basis for a period of six (6) months with effect from the date of joining duty or till arrival of permanent selectee, whichever is earlier at fixed pay of Rs. 57, 227/- per month. Her contract was extended from time to time till 9th July 2018, by orders of the Vice Chancellor of the University under the powers vested in him by section 11 (5) (c) of the Regulation. The seat on which the petitioner was working was later on advertised by the University Authorities and contract of the petitioner was not extended any further as the post was intended to be filled on regular basis. Applications were later on invited for filling the seats on regular basis. Aggrieved from non- extension of her contract and with a prayer of regularization of the service, the petitioner filed the instant writ petition. W.P. No.413-M/2019 "Palwasha Rahim v/s Registrar University of Swat & others" The petitioner was appointed as lecturer at the department of Psychological Studies University of Swat on 19th May 2014 on contract basis for a period of six (6) months with effect from the date of joining duty. Her contract was extended from time to time till 9th July 2018, by orders of the Vice Chancellor of the University under the powers vested in him by section 11 (5) (c) of the Regulation. The seat on which the petitioner was working was later on advertised by the University Authorities and contract of the petitioner was not extended any further as the post was intended to be filled on regular basis. Applications were later on invited for filling the seats on regular basis. Aggrieved from non-extension of her contract and with a prayer of regularization of the service, the petitioner filed the instant writ petition. W.P. No. 414-M/2019 "Adnan Khan v/s Registrar University of Swat & others" The petitioner was appointed as lecturer at the department of Geology University of Swat on 30th September 2014 on contract basis for a period of six (6) months with effect from the date of joining duty, at a fixed pay of Rs. 53,727/- per month. His contract was extended from time to time till 9th July 2018, by orders of the Vice Chancellor of the University under the powers vested in him by section 11 (5) (c) of the Regulation. The seat on which the petitioner was working was later on advertised by the University Authorities and contract of the petitioner was not extended any further as the post was intended to be filled the post on regular basis after inviting applications for filling the seats on regular basis. Aggrieved from non-extension of his contract and with a prayer of regularization of the service, the petitioner filed the instant writ petition. The petitioners have approached this Court wherein interim relief had been granted to them and therefore they are still continuing their services and further steps could not be taken by the University in pursuance to the advertisement issued in daily newspapers for appointment on the posts on which the petitioners have been working. 3. Respondents were summoned, who filed their para-wise comments wherein a good number of preliminary objections were raised to the maintainability of the writ petitions beside contesting the same on merits. Respondents have mainly asserted in their comments that orders of the petitioners in all these cases had been issued on need basis by the Vice Chancellor under section 11 (5) (c) of the Regulation which powers could only be resorted to, in exigencies of service and as a stopgap arrangement. None of the appointment of the petitioners or extension in contract had ever been placed before the Syndicate for its af firmation.
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4. Learned counsel Mr. Shams-ul-Hadi Advocate argued the cases on behalf of all the petitioners and relied upon judgment of this Court recorded in the case of "Sanaullah v/s Govt: of KPIC & others" ("W.P. No. 86 of 2018") and contended that the petitioners have been appointed in a regular manner and therefore they deserved to be regularized on the posts on which they have been working for a long time, to the entire satisfaction of the authorities of the University . He added that the services of similar employees of the other University have already been regularized through the referred judgment, therefore the petitioners also deserved to be regularized on their respective posts. Learned counsel for petitioners also placed reliance on the judgment in the case of "Farmanullah Khan v/s Gomal University D.I. Khan and others" reported as "2017 PLC (C.S.) Note 116 and unreported judgments of this Court given in W .P. No. 320-D of 2014 and W .P. No. 487-M of 2015. 5.Learned counsel namely Mr. Waseem-ud-Din Khattak, Mr. Abdul Halim Khan, Mr. Iftikhar Ahmad (Senior), Mr. Khwaja Salah-ud-Din, Mr. Arshad Khan and Barrister Asad-ur-Rehman Advocates argued the cases on behalf of respondents, who opposed the arguments of learned counsel for petitioners and relied upon the judgment of the Hon'ble Apex Court in the case of "Pakistan Telecommunication Co. LTD Through Chairman v/s Iabal Nasir" reported as "PLD 2011 Supreme Court 132" and submitted that the writ petitions of all these petitioners were not even maintainable. They further added that Higher Education Commission of Pakistan had raised the criteria for the post of lecturer in Universities through their Notification dated 26th January , 2017 and most of the petitioners of these connected writ petitions lacked the enhanced qualifications required in the said notification, which had been adopted by the University of Swat. Learned counsel further placed reliance on the judgment of the Hon'ble Supreme Court of Pakistan in the case of "Mrs. Danish Alam and another v/s University of Peshawar and others" ("Civil Appeal No. 1431 of 2015") and contended that the enhanced criteria of appointment was held by the Hon'ble Apex Court to be applicable to all the appointees, who will be injected into the services of the Universities despite the fact that they may have been serving in the Universities on contract earlier . They have also placed reliance upon the judgments reported as "1990 SCMR 1524 , 2005 SCMR 642, PLD 2006 Supreme Court 472, PLD 2011 Supreme Court 132, 2011 PLC (C.S.) 1007 . 2013 SCMR 13, 2013 SCMR 304, 2013 SCMR 1201 2013 SCMR 264, 2014 PLC (C.S.) Supreme Court 393, 2015 PLC (C.S.) 1385 , 2015 PLC (CS.) 489 and 2016 MLD 95 (Peshawar). The learned counsel have also placed reliance on the unreported judgments of this Court given in "W.P. No. 4469-P of 2017, W.P. No. 5210 of 2017 and W.P. No. 418-P of 2018" and contended that in all those cases the writ petitions for regularization of services of the contract employees in various universities have been dismissed by this Court. 6. We have heard arguments of learned counsel for the parties and perused the record. 7. All the petitioners had been appointed by the Vice Chancellor under the powers vested in him by section 11 (5) (c) of the Regulation. The contracts for rehiring of services of the petitioners have also been issued by the Vice Chancellor under the same powers and their cases have never been submitted to the Syndicate for approval. The said provision is relevant for the present discourse, it is therefore reproduced hereunder for ready reference; (5) The V ice Chancellor shall also have the following powers to; (a) .................................. (b) .............................. (a) create, re-designate and fill contract, temporary posts for a period not exceeding one year; Perusal of above quoted regulation shows that these powers of the Vice Chancellor were supposed to be exercised for plugging the gaps in running of the affairs of the University for a short time. Allowing of the instant writ petitions and granting of the reliefs would have the effect of converting temporary steps of the Vice Chancellor into permanent one. It is also important to be noted that the authority of the Vice Chan cellor in this respect is limited to taking temporary steps for a specific period of one year. For the continuation of these appointments beyond one year, the Vice Chancellor was not at all competent under the law. The power of appointments to posts in BPS-17 or above lies with the Syndicate of the University . The powers of appointment of a Vice Chancellor for making permanent appointment is limited to posts in BPS-1 to…
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