Professor Dr. SHAZIA ARSHAD vs GOVERNOR PUNJAB Ss — 2025 PLC(CS) 398 LAHORE-HIGH-COURT-LAHORE

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Professor Dr. SHAZIA ARSHAD VS GOVERNOR PUNJAB Ss.2(2), 29(2), 30 & 32---University of the Punjab Act (IX of 1973), S. 2(2), Sched.---Constitution of Pakistan, Art. 199---Public Sector Universities---Appointment of Deans---Eligibility criteria---Powers of the Governor of Punjab to issue circular in his capacity as Chancellor determining multi-factors eligibility criteria for appointment of Deans---Scope---Existence of comprehensive legal mechanism for constitution, operations and functionality of Universities---Petitioners had challenged the legal status of the impugned Circular in the light of the relevant Statutes of University of the Engineering and Technology (UET) and University of the Punjab (PU) and the appointments of Deans in the said Universities in terms of the said Circular---Held, that under the UET Act, 1974 no power vested in the Governor Punjab in his capacity as Chancellor of UET to arbitrarily or unilaterally prescribe a criteria for the appointment of Dean of UET unless the criteria as proposed was incorporated in the Statutes or Regulations or Rules of UET in accordance with the provisions of the UET Act, 1974---Proposed criteria encapsulated in the Circular had not so far been adopted or incorporated in the relevant Statutes or Regulations or Rules of UET and as such, had no legal footing, thus, the only relevant provision of law in the field was S. 2(2) of the First Statutes of Schedule to the UET Act, 1974, which empowered the Governor Punjab as Chancellor of UET to appoint the Dean of each Faculty of UET from amongst the three senior most Professors in the Faculty for a period of three years---Discretion was structured in the manner that it was confined to consider the three senior most Professors in the Faculty---Appointment of Dean of UET was made, accordingly, and as such, there was no substance in the challenge brought to the appointment of respondent in UET---Applicable criteria for appointment of Dean in Punjab University was the same as in the case of UET, thus, challenge to the appointment of Dean in PU was also without substance---Any discretion vested in any authority by law can be further regulated and structured through delegated legislation within the ambit of applicable enactment as was proposed by the Governor Punjab through the Circular, however, no vested legal right could be asserted on its basis unless the said criteria was adopted in the relevant Statutes, Regulations or Rules of the Professors as Deans of Public Sector Universities (PSU)---No lawful mandate could be extended to any functionary to prescribe a criteria in his own wisdom in a manner not ordained by law---While appointing the Deans, the Governor Punjab followed the applicable statutory criteria and disregarded the proposed mechanism in the Circular since it did not have the force of law---Constitutional petitions challenging the appointments of Deans in UET and PU were dismissed and the one challenging the vires of the Circular was allowed, in circumstances.

Professor Dr. SHAZIA ARSHAD vs GOVERNOR PUNJAB Ss — 2025 PLC(CS) 398 LAHORE-HIGH-COURT-LAHORE

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