IRFAN ULLAH vs FEDERATION OF PAKISTAN through Secretary, Higher Education, Islamabad art

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IRFAN ULLAH VS FEDERATION OF PAKISTAN through Secretary, Higher Education, Islamabad art. 25a---Educational institutions---Universities, significance of---article 25a of the Constitution establishes the right to education as a fundamental right---Said provision makes education accessible to all children between the ages of 5 and 16, but it is important to note that the state is responsible for providing educational facilities from primary to higher levels---It is widely acknowledged that human resource development is a crucial factor for success and to keep up with the modern world, the youth of the nation must have the skills for self-employability---Therefore, the government should establish institutes or universities for research, technical training, professional development and special studies---Higher education and industrialization are core functions of the state. art. 199---Constitutional petition before High Court by an employee of a statutory body---Maintainability---High Court can issue a writ in the form of prohibition or mandamus only when a petition is filed by an aggrieved person seeking direction against a 'person' who performs functions within the territorial jurisdiction of the High Court in connection with the affairs of the Federation, a Province or a local authority---To enforce certain rights of employees serving under such 'persons,' the consistent view of the superior courts is that the 'person' against whom a writ is to be issued must be either the Government, a body created by an act of Parliament or Provincial assembly, and the rules governing their rights and obligations must have statutory status in the eyes of the law. Ss. 13, 14 & 15---HR Manual of the National University of Computer and Emerging Sciences---Statutory status---Scope---Powers and functions of the Board of Trustees, as provided by S. 13 of the National University of Computer and Engineering Science Ordinance, 2000, include the ability to approve the draft statutes proposed by the Board of Governors---Section 14 provides for the constitution of the Board of Governors, who have general supervision and control over the University's administrative, academic, and financial affairs and the authority to establish University policies---In addition, S. 15(b) and (c) empower the Board of Governors to make and revise rules and regulations for the efficient operation of the University---Said rules and regulations are presented to the Board of Trustees, who are authorized under S. 13(c) to approve the draft statutes proposed by the Board of Governors---HR Manual presented to the court was framed following the procedure prescribed under the Ordinance, which does not provide for the framing of rules by the Government or their placement before the Federal Government---Rules framed by the Board of Governors and duly approved by the Board of Trustees have statutory status. Educational institution---Termination from service---Mis-conduct---Failure to conduct regular inquiry---Effect---Petitioner assailed his removal order---Validity---Petitioner was initially appointed as Manager (Admin & Finance) and was duly confirmed after satisfactorily completing his probation period---Order terminating the services of the petitioner under the subject "service no more required" was though argued to be in terms of the initial appointment letter, according to which, in case of confirmation of his service, his services were liable to be terminated on one month notice or payment of one month salary in lieu thereof, however, in the instance matter, the reason given as 'unsatisfactory performance' after his confirmation became redundant, as the very termination order carried a stigma in the shape of "unsatisfactory performance" which ultimately would be a hurdle for the petitioner while applying to other departments in future---Allegations against the petitioner pertained to bypassing a channel in the matter of correspondence and nowhere, it was alleged that the interest of the University, at any stage, had been compromised---Even otherwise, when there were allegations of any kind against the petitioner, the University was required to have allowed him proper opportunity to defend himself---Termination order was set aside and the petitioner was reinstated in service---Constitutional petition was allowed.

IRFAN ULLAH vs FEDERATION OF PAKISTAN through Secretary, Higher Education, Islamabad art — 2023 PLC(CS) 866 PESHAWAR-HIGH-COURT

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