Syed MUHAMMAD MUNEER SHAH vs SHAH ABDUL LATIF UNIVERSITY KHAIRPUR MIRS arts

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Syed MUHAMMAD MUNEER SHAH VS SHAH ABDUL LATIF UNIVERSITY KHAIRPUR MIRS arts. 199(1)(b)(ii), 199(1)(a)(ii) & 199(5)---Writ of quo warranto---Scope---Out of cadre appointments---Distribution of administrative posts amongst the teaching cadre on additional/acting/OPS---Legality---Types of writs---Distinguished---Petitioners challenged the appointments of the private respondents belonging to the teaching cadre of the university for having no qualification to hold the administrative/cadre posts for being appointed in violation of the Recruitment Rules of the subject posts and due to arbitrariness of the respondent-university in posting them---Validity---Shah abdul Latif University, Khairpur, is a public sector statutory university established under the Shah abdul Latif University act, 1986 and performing functions in connection with the affairs of the Province under art. 199 (1) (a) (ii) read with art. 199(5) of the Constitution, thus, the constitutional petition was maintainable---For issuance of the writ of quo warranto any person can lay information to the court regarding a public office being illegally occupied---Person laying such information does not necessarily have to be aggrieved---There is much difference between the writ of quo warranto and mandamus---Mandamus also differs from writs of prohibition or certiorari in its demand for some activity on the part of the body or person to whom it is addressed, for the performance of public duty and commands the person to whom it is addressed to perform some public or quasi-public legal duty, which he has refused to perform, and the performance of which cannot be enforced by any other adequate legal remedy and in that situation party should be an aggrieved party having no other adequate and efficacious remedy---article 199(1)(b)(ii) of the Constitution shows that a person performing duties in connection with affairs of the Province could be required to show under what authority he is holding a particular public office and for that purpose, the petitioner therein may not be required to be an aggrieved person----In the present case direction sought by the petitioners was not merely confined to the issuance of writ of quo warranto rather the same included the issuance of directions like the writ of mandamus and prohibition against the private respondents requiring them to show their fitness to hold the administrative post without fulfilling the criteria as outlined in the recruitment rules---administrative posts could only be filled as per recruitment rules and subject to eligibility and entitlement and not otherwise for the simple reason that the administrative cadre is different from the teaching cadre of respondent-university and recruitment rules for the subject post were already in the field---Private respondents were required to go back to their original position and work in their own cadre as the practice of transfer and posting out of the cadre based on purported additional/acting/OPS charges was not permissible under the University act or Higher Education Commission---Constitutional petition was allowed, in circumstances.

Syed MUHAMMAD MUNEER SHAH vs SHAH ABDUL LATIF UNIVERSITY KHAIRPUR MIRS arts — 2025 PLC(CS) 241 KARACHI-HIGH-COURT-SINDH

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