Hafiza BUSHRA GUL vs UNIVERSITY OF SCIENCE AND TECHNOLOGY, BANNU through Vice Chancellor, Bannu Post of Lectur

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Hafiza BUSHRA GUL VS UNIVERSITY OF SCIENCE AND TECHNOLOGY, BANNU through Vice Chancellor, Bannu Post of Lecturer---appointment---Evaluation of candidate by the University panel---Non-interference by Courts---Petitioner assailed the appointment of private respondents on the ground that their appointments were result of violation of statutes, rules and regulations and sought a direction for her appointment instead of private respondents---Validity---Relevant record that right from the merit list prepared by the National Testing Service to the recommendations made by the Selection Board, no illegality or irregularity had either been committed nor the petitioner could succeed in bringing on record any substantial evidence/documents to substantiate her claim---admittedly, at the time when the posts were advertised, the university had no rules and when it had no rules, then the rules available must be the determining factor---Competent authority could press into service the law/rules for appointment, which were in vogue at the time of appointment, however, it was not the date of advertisement, rather the determining factor was the date of appointment and without ambiguity the university statutes were fully operational by that time---When such was the state of affairs, the Selection Board was competent to make marking and evaluation strictly in accordance with the procedure provided for the purpose---Respondent university fully complied with the procedure chalked out for the purpose---Petitioner participated in the process, and right from her appearance in the NTS test till her demonstration and interview, she never resisted the procedure nor she protested, rather she surrendered to the process, which impliedly conveyed her full confidence in the entire selection process---On one hand, petitioner surrendered to the process, but on the other, when she could not succeed in being appointed against the posts, she expressed her dissatisfaction---Case of the petitioner was hit by the principle of approbation and reprobation, and the maxim 'quod approbo non reprobo' fully applied to the case of the petitioner and as such, her willful surrender disentitled her of the claim she was claiming---Marks awarded by a panel, which interviewed a candidate, could not be assessed by the Court in its constitutional jurisdiction, as that was the subjective analysis of the interviewer, which by no stretch of imagination could be interfered with by the Court of law---Only the respondent university could determine the competency of all who applied for the posts, as it was the university which had to keep in view the conditions, requirements, importance of the post and suitability and competency of a person to be selected and appointed---Court should not step into the shoes of the university, that too, to determine the suitability and competency of a person for a particular post---Constitutional petition was dismissed accordingly.

Hafiza BUSHRA GUL vs UNIVERSITY OF SCIENCE AND TECHNOLOGY, BANNU through Vice Chancellor, Bannu Post of Lecturer — 2024 PLC(CS) 302 PESHAWAR-HIGH-COURT

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