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Dr. ILYAS vs GOVERNMENT OF BALOCHISTAN S — 2022 PLD 58 QUETTA-HIGH-COURT-BALOCHISTAN

Case information

Citation
2022 PLD 58 QUETTA-HIGH-COURT-BALOCHISTAN
Court
Balochistan High Court
Year
2022
Reporter
PLD
Parties
Dr. ILYAS vs GOVERNMENT OF BALOCHISTAN S
Subject matter
Constitutional
Provisions referred to
S. 15---C; S. 15; Health Sciences Act

Fields are extracted from the reported citation and judgment text. Where a detail is not stated in the record, it is not shown.

Judgment text as reported

Dr. ILYAS VS GOVERNMENT OF BALOCHISTAN S. 15---Constitution of Pakistan, Art. 105---Vires of S.15, Bolan University of Medical and Health Sciences Act, 2017---Vice-Chancellor---Appointment by Governor/ Chancellor without advice by Government/ Cabinet/Chief Minister---Scope---Chancellors of universities had to be bound in the same manner as the Governor of a province would act and was bound under clause (1) of Art. 105 of the Constitution---Section 15(1) of the Bolan University of Medical and Health Sciences Act, 2017, was inserted in complete disregard of the spirit of 18th Amendment and in violation of Art. 105 of the Constitution---Contention that the Governor while working under a statute was not bound to act on the advice of the Provincial Government was devoid of force and had no legs to stand---Any attempt to expound or advance any distinction between the Governors' constitutional powers/functions and his powers or functions under any statute would run contrary to the law---Governor was bound to act on the advice of Chief Minister in appointment of Vice-Chancellor of government universities---Constitutional petition was allowed and Cls. (1) & (2) of S.15 of the Act, 2017, were struck down from the statute being violative of Art. 105 of the Constitution.

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