Professor Dr. MUHAMMAD NAEEM KHAN vs FEDERATION OF PAKISTAN through Secretary, Ministry of Kashmir Affairs and

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Professor Dr. MUHAMMAD NAEEM KHAN VS FEDERATION OF PAKISTAN through Secretary, Ministry of Kashmir Affairs and Gilgit-Baltistan Ss. 11(2) & 11(3), proviso---Rules of Business, 1973, R. 15-a (1), Serial 48---General Clauses act (X of 1897), S. 24-a---Constitution of Pakistan, arts. 48 & 199--- Constitutional petition--- Powers of President---Persona designata---Scope---Dispute was with regard to rejecting of panel of candidates for the post of Vice Chancellor of University of Baltistan by President of Pakistan as persona designata---Validity---President or Governor exercise such powers as persona designata and are not bound by the provisions of the Constitution---Even where a statute vests power in the President or the Governor as persona designata, and such power is to be exercised on the advice of Prime Minister or Chief Minister, the President or the Governor would not be bound by such advice in discharge of any particular power or function that is quasi-judicial in nature---President passed an order rejecting summary for appointment of a Vice Chancellor and sought a fresh panel of individuals to be considered for purposes of appointment to the office of Vice-Chancellor of the University---President exercised his authority as persona designata---While doing so he was under an obligation to furnish reasons in accordance with the requirements of S. 24-a of General Clauses act, 1897---High Court set aside decision of the President in his capacity as Chancellor as the same was devoid of any reasoning and had fallen foul of S. 24-a of General Clauses act, 1897---High Court remanded the matter to Federal Government and directed that summary proposed by the University would be deemed to be pending before the President, who would be well within his right to seek a fresh panel of candidates, if he was dissatisfied with the quality of candidates proposed to him for appointment as Vice-Chancellor; that President was to exercise such power pursuant to the proviso to S. 11(3) of University of Baltistan Order, 2016, through a reasoned order in accordance with requirements of S. 24-a of General Clauses act, 1897---Constitutional petition was allowed accordingly.

Professor Dr. MUHAMMAD NAEEM KHAN vs FEDERATION OF PAKISTAN through Secretary, Ministry of Kashmir Affairs and Gilgit-Baltistan Ss — 2023 MLD 1273 ISLAMABAD

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