Dr. NAKSHAB CHOUDHRY vs PROVINCE OF PUNJAB through Chief Secretary, Government of the Punjab, Lahore Ss

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Dr. NAKSHAB CHOUDHRY VS PROVINCE OF PUNJAB through Chief Secretary, Government of the Punjab, Lahore Ss. 20(2) proviso, 25 & 30---Maxim 'expressio unius est exclusio alterius'---Applicability---Appointment of teaching faculty---Petitioner assailed authority of Punjab Government to appoint teaching faculty---Validity---Principle expressio unius est exclusio alterius (the express mention of one thing excludes others) suggests that statute, by explicitly granting limited transfer powers to the Government under the proviso, excludes any broader authority to interfere with the University's appointments or affairs---Interpretation was to be aligned with overarching purpose and scheme of King Edward Medical University, Lahore Act, 2005, which had prioritized university autonomy---Any interpretation that permitted unrestricted or perpetual Government intervention would contradict the legislative intent and conflict with Ss. 25 & 30 of King Edward Medical University, Lahore Act, 2005, which had vested appointment and administrative powers exclusively in the Syndicate and Vice-Chancellor---Provision of proviso to S. 20(2) of King Edward Medical University, Lahore Act, 2005 should be construed as a narrowly confined exception intended to address transitional cases, not as an enabling provision for open-ended Government appointments or transfers---High Court declared that provision of S. 20(2) of King Edward Medical University, Lahore Act, 2005 could not be relied upon to justify ongoing appointments or transfers by Punjab Government---Direct transfers or appointments by Punjab Government to teaching posts in King Edward Medical University, without requisition or approval by Syndicate, contravened S. 25(xv) of King Edward Medical University, Lahore Act, 2005---Such actions constituted unlawful interference in the University's affairs, compromised its autonomy, and had violated objective and structure of King Edward Medical University, Lahore Act, 2005---Notifications/orders issued by Punjab Government making transfers, postings, and appointments in King Edward Medical University were not requisitioned by the Syndicate nor were otherwise approved by it; there was even no consultation---High Court declared such notifications/orders as unlawful---High Court directed Punjab Government to ensure that all future appointments or transfers would comply with the provision of King Edward Medical University, Lahore Act, 2005 and any deviation from statutory framework would be subject to judicial review---Constitutional petition was disposed of accordingly.

Dr. NAKSHAB CHOUDHRY vs PROVINCE OF PUNJAB through Chief Secretary, Government of the Punjab, Lahore Ss — 2025 PLC(CS) 1217 LAHORE-HIGH-COURT-LAHORE

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