Professor Dr. IFTIKHAR AHMAD vs GOVERNOR KHYBER PAKHTUNKHWA S — 2022 PLD 68 PESHAWAR-HIGH-COURT

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

Professor Dr. IFTIKHAR AHMAD VS GOVERNOR KHYBER PAKHTUNKHWA S. 12(8)---Constitution of Pakistan, Art. 199---Constitutional petition--- Forced leave--- Misconduct--- Petitioner was ex-Vice Chancellor of Gomal University D.I. Khan, who criticized converting agriculture department of the University into Agriculture University D.I. Khan---Petitioner wrote a letter to Prime Minister pinpointing defects in the decision of provincial cabinet with regard establishing Agriculture University---Governor in his capacity of Chancellor of the University vide notification in question had sent petitioner on forced leave---Validity---Notification in question whereby petitioner was sent on 'forced leave' was issued by competent authority within its statutory domain to which no exception could be taken---Establishment of universities more particularly in technical and professional field was need of the day---Provincial Government was fully empowered to create and establish university through amendment in Khyber Pakhtunkhwa Universities Act, 2012, which exercise had been done by Provincial Government in accordance with its Constitutional powers by inserting University of Agriculture D.I. Khan at S.No.21 in Sched.-I to Khyber Pakhtunkhwa Universities (Amendment) Act, 2018, such act of government was not amenable to Constitutional jurisdiction of High Court---Gomal University was established having a complete autonomous status under Khyber Pakhtunkhwa Universities Act, 2012, without being subject to Government control and free in discharging its function---Autonomy guaranteed to the University was hallmark of the Legislature---Immovable property was ownership of Gomal University D.I. Khan and could not be distributed, acquired or alienated by any authority without permission / assent / approval of the Syndicate of the University---All demands and proceedings regarding transfer and distribution of assets of Gomal University D.I. Khan to newly established Agriculture University of D.I. Khan was without lawful authority and jurisdiction and was set aside---Provincial Government or Higher Education Department could approach through its Vice-Chancellor for lending or transferring of any property to the newly established University of Agriculture D.I. Khan---High Court declined to interfere in the matter---Constitutional petition was dismissed, in circumstances. Head NotesCase Description

Professor Dr. IFTIKHAR AHMAD vs GOVERNOR KHYBER PAKHTUNKHWA S — 2022 PLD 68 PESHAWAR-HIGH-COURT

Case information

Judgment text as reported

Other judgments reported in 2022 PLD