2025 MLD 589 HIGH-COURT-AZAD-KASHMIR

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Professor Dr. Naznain Habib, Chairman Sociology and Psychology Department, University of Azad Jammu and Kashmir Muzaffarabad VS University of Azad Jammu and Kashmir through Registrar, Muzaffarabad When a particular method of performance of an act is prescribed under an Act or Rule, then such act must be performed according to the prescribed method alone or not at all. Citation Name: 2025 MLD 589 HIGH-COURT-AZAD-KASHMIRBookmark this Case Professor Dr. Naznain Habib, Chairman Sociology and Psychology Department, University of Azad Jammu and Kashmir Muzaffarabad VS University of Azad Jammu and Kashmir through Registrar, Muzaffarabad It is celebrated canon of construction of statutes that no word can be added or read in the statute if it is not provided therein. Citation Name: 2025 MLD 589 HIGH-COURT-AZAD-KASHMIRBookmark this Case Professor Dr. Naznain Habib, Chairman Sociology and Psychology Department, University of Azad Jammu and Kashmir Muzaffarabad VS University of Azad Jammu and Kashmir through Registrar, Muzaffarabad art. 44---Writ petition---Maintainability---Pre-requisite---It is a pre-requisite qua maintainability of a constitutional petition to indicate any violation committed by the respondents' side under the rules and regulations by which petitioner was being governed---Constitutional petition would not be maintainable where petitioner failed to point any violation of law. Citation Name: 2025 MLD 589 HIGH-COURT-AZAD-KASHMIRBookmark this Case Professor Dr. Naznain Habib, Chairman Sociology and Psychology Department, University of Azad Jammu and Kashmir Muzaffarabad VS University of Azad Jammu and Kashmir through Registrar, Muzaffarabad Dean, appointment of---University of Azad Jammu and Kashmir Statute (Statute) relating to appointment, powers and duties of Dean---Role of Vice Chancellor and Chancellor in recommending the panel of candidates for appointment of Dean---Scope---Adoption of unwritten policy/consistent practice of rotation ignoring the seniority as prescribed in the Statute---Effect---Criteria of seniority as provided in the Statute was substituted by established practice---Validity---Under the University Statute panel of 03 senior candidates was to be recommended by the Vice Chancellor to the Chancellor for consideration---No bar had been imposed by the Statute on the candidates for reconsideration and inserting their names in the fresh panel for the reason that they had already served for a term of 3 years against the post of Dean---Consideration of remaining Professors from seniority list excluding senior-most Professor, who had already served as Dean Faculty of Arts received no recognition from bare perusal of the Statute, thus, such like arbitrary and self-created criterion could not be allowed to substitute plain language of the Statute---Act of the Assembly could not oppose the Constitution, vis-à-vis rules made under the Act could not override the Act, likewise policy or for that matter any circular or practice could not be allowed to take a different approach which was not indicated in the Statute, thus, practice of the University Authority in the guise of accommodating all the employees from the seniority list was alien and ran counter to the Statute, which could not be approved and endorsed---Entire proceeding qua sending the panel against the post of Dean, Faculty of Humanities and Social Sciences, was at odds with the Statute, thus, no relief was extended to petitioners, nor the panel sent in deviation of Statute was endorsed---Two constitutional petitions were disposed of with a direction to the respondents to initiate the matter of appointment of Dean in terms of criteria laid down in the Statute, and third constitutional petition, in which administrative orders had been challenged, was dismissed as the same had become a past and closed transaction.

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