Ms. FOZIA NASEEM vs HIGHER EDUCATION COMMISSION, ISLAMABAD Educational institution — 2023 PLC(CS) 876 LAHORE-HIGH-COURT-LAHORE

Case information

Citation: 2023 PLC(CS) 876 LAHORE-HIGH-COURT-LAHORE
Court: Lahore High Court
Year: 2023
Reporter: PLC
Parties: Ms. FOZIA NASEEM vs HIGHER EDUCATION COMMISSION, ISLAMABAD Educational institution
Subject matter: Constitutional

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

Ms. FOZIA NASEEM VS HIGHER EDUCATION COMMISSION, ISLAMABAD Educational institution---Associate Professor, post of---Appointment---Laches, principle of---Maxim "vigilantibus non dormientibus aequitas subvenit"---Applicability--- Petitioner sought direction to University authorities to accept her application for the post of Associate Professor and also assailed criteria fixed for the post---Validity---Principle of laches is based on maxim "vigilantibus non dormientibus aequitas subvenit", which means equity helps wakeful and not the slumbering---Equity aids the vigilante and not those who sleep over their rights---Laches signifies laziness in pursuing a legal remedy, which results in estoppel against petitioner seeking remedy otherwise available under the law---Law is to favor the vigilante and not the indolent---In the present case there was delay of 22 months in filing petition for assailing criteria fixed for the post through advertisement dated 10-01-2021, after the last date for filing applications had already expired on 26-02-2022---High Court declined to interfere in the matter as the petition was not only barred by laches but the petitioner was also estopped by her conduct to challenge the process at such stage---Constitutional petition was dismissed, in circumstances.

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