LAHORE COLLEGE FOR WOMEN UNIVERSITY vs Dr — 2024 PLC(CS) 1444 LAHORE-HIGH-COURT-LAHORE

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LAHORE COLLEGE FOR WOMEN UNIVERSITY VS Dr. REHANA KAUSAR Recruitment---Qualification and eligibility criteria---Courts power to interfere in the selection process---Scope---Divergence of views as to relevancy of previous external expert evaluation report---Effect---Advertisement for selection post of Professor (BS-21)---Respondent applied along with another candidate against said post and after obtaining external expert evaluation reports and the interview, both the candidates were not found upto the mark---Upon re-advertisement of the said post initially the previous report was considered, however, subsequently the said report was ousted from consideration and post was again re-advertised---Petitioner filed writ petition, which was accepted, thus, Intra-Court Appeal was preferred by the respondent-University---Held, that under Cls. 7(2) of the Service Statutes of Lahore College for Women University the matter was referred to the Chancellor, who finally directed to re-advertise the post---In response to first advertisement respondent was not appointed on the basis of the external expert evaluation report and thereafter, when the post was re-advertised, the Sub-Committee while relying on the earlier external expert evaluation report, recommended the respondent for the said post, which was patently illegal, thus, the Syndicate decided to re-advertise the post---Under Cls. 7(2) of the First Statutes appended as Schedule with the Lahore College for Women University, Lahore, Ordinance, 2002, when there is difference of opinion between Selection Board and Syndicate, the matter shall be referred to the Chancellor and the Chancellor was the final authority in such like matters whose decision could not be questioned through a Constitutional petition---It is not the domain of the Courts to examine the qualification and the eligibility criteria in the recruitment process and such matters could be best resolved by the institution itself according to the suitability and requirements of a certain post---Courts are not the substitute of a Selection Board or Syndicate and cannot direct an appointing authority to issue appointment letter in favour of any candidate rather can only direct the said authorities for reconsideration of a matter if any illegality or irregularity is found---Recommendation for appointment of a candidate against a certain post exclusively falls within the domain of the concerned authority and interfering in that domain would amount to committing judicial overreach which is unwarranted by law---Chancellor was the final authority in the matter in question who directed to re-advertise the post, as such no prejudice was caused to anyone including the respondent---Appeal was allowed, in circumstances.

LAHORE COLLEGE FOR WOMEN UNIVERSITY vs Dr — 2024 PLC(CS) 1444 LAHORE-HIGH-COURT-LAHORE

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