HINA KHAN vs The REGISTRAR UNIVERSITY OF SWAT Reglns — 2021 PLC(CS)N 2 PESHAWAR-HIGH-COURT

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HINA KHAN VS The REGISTRAR UNIVERSITY OF SWAT Reglns. 11(5)(c), 23 & 53---University of Swat Service Statutes, 2016, R.5---Notification No.14(FAC)/QA/2017/HEC/22-84 dated 26-01-2017---Contract appointment---Regularization of service---Scope---Contract of petitioners-employees was not extended by the University and applications were invited for appointment on regular basis---Contention of petitioners was that they were entitled for regularization of their service---Validity---Contracts of petitioners issued by Vice Chancellor had not been submitted to the Syndicate for approval---Powers of Vice Chancellor were supposed to be exercised for plugging the gaps in running of the affairs of the University for a short time---Temporary steps of Vice Chancellor could not be converted into permanent one through constitutional jurisdiction of High Court---Vice Chancellor was not competent to continue contract appointments beyond one year---Power of appointment to posts in BPS-17 or above did lie with the Syndicate of the University---Vice Chancellor could make permanent appointments to the posts in BPS-1 to 16---Vice Chancellor of the University could not extend the contracts of petitioners beyond the period of one year---Orders made under Regln. 11(5)(c) of University of Swat Regulations, 2010, did not give any right to the petitioners to be regularized---University was a body which was chartered by or under a Statute or other instrument having force of law---Universities had not been established under the force of law but were regulated by law either primary or through subordinate legislation---Legislation of University did provide for the method of recruitment of officers both in teaching cadre as well as in administrative cadre---When entry into a service had been regulated by a Statute or rules framed thereunder then entry to the said service could not be allowed otherwise than as provided by law---Writ could only be issued by High Court in aid of law and not otherwise---Where services of employees were regulated by a Statute or statutory rules then regularization of employee could only be ordered when it was so provided under the law or rules having force of law or a case of discriminatory treatment had been made out---Petitioners had failed to establish a case under University of Swat Regulations, 2010, or any other law for their regularization---University was autonomous body having its independent regulatory framework and governance bodies---Regularization of employees of other Universities could not be treated as sufficient for making out a case for discriminatory treatment---Services of petitioners were not regulated by any Statute, Regulation or any statutory rules---Services of employees were regulated by the terms and conditions of the contracts which had been signed by them with the University---Contract appointments did not clothe the petitioners with a right of regular appointment, in circumstances---Higher Education Commission had enhanced the eligibility criteria for appointment of lectures---Said criteria had been adopted and applied by the University in the appointments of teaching staff---Criteria determined by the Higher Education Commission was to be applied to all the appointments in the University despite the fact that employee might be serving on contract basis earlier---Constitutional petition being non-maintainable was dismissed, in circumstances.

HINA KHAN vs The REGISTRAR UNIVERSITY OF SWAT Reglns — 2021 PLC(CS)N 2 PESHAWAR-HIGH-COURT

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