Dr. SHAKEELA vs UNIVERSITY OF SINDH through Vice-Chancellor/Chairman Selection Board University of Sindh Jamsh

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Dr. SHAKEELA VS UNIVERSITY OF SINDH through Vice-Chancellor/Chairman Selection Board University of Sindh Jamshoro S.24-a---Constitution of Pakistan, art. 199---Decision by Selection Committee of University , passing of---Reasons, absence of---according to the minutes of the meeting of the Selection Committee, a suitable candidate for the subject post was not found---However, no specific reasons were provided by the Selection Board, whereas every decision should be based on cogent reasons and rationale in consonance with the sanction of the law/rules---Moreover, the award of marks cumulative by members of the Selection Board were also not on record---a candidate appearing in an interview cannot be selected or rejected arbitrarily without reasoning and without award of marks as per the yardstick laid down for selection---High Court remanded the case for appointment for subject post to the Selection Board of the University/Respondents, directing to assess de novo the suitability of petitioner for the post she applied for, and recommend her selection or rejection to the University Syndicate based upon cogent reasons---Constitutional petition was disposed of accordingly. Citation Name: 2026 PLC(CS) 487 KARACHI-HIGH-COURT-SINDHBookmark this Case Dr. SHAKEELA VS UNIVERSITY OF SINDH through Vice-Chancellor/Chairman Selection Board University of Sindh Jamshoro art. 199---Necessary parties, non-impleading of---Constitutional petition---Maintainability---Decision of Selection Committee of University /Respondent rejecting the petitioner was challenged by filing of a constitutional petition---Held: Record showed that through the same recruitment process, certain persons had been appointed against various posts, whereas for the subject post, no compatible/suitable candidate was found eligible by the Selection Board; as such, it was resolved that said post would be re-advertised and the Syndicate approved the said decision in its relevant meeting---However, the petitioner sought a declaration of the entire recruitment process/decision of the Selection Board as illegal without joining the persons appointed against various other posts as a party---No observations could be given against any person without hearing them---Thus, the present petition was not maintainable for want of misjoinder and non-joinder of necessary parties---Constitutional petition was disposed of. Citation Name: 2026 PLC(CS) 487 KARACHI-HIGH-COURT-SINDHBookmark this Case Dr. SHAKEELA VS UNIVERSITY OF SINDH through Vice-Chancellor/Chairman Selection Board University of Sindh Jamshoro art. 199---Selection in the University , matter of---Constitutional jurisdiction of High Court, invoking of---Doctrine of legitimate expectation---Decision by Selection Committee of University / Respondent rejecting the petitioner was challenged by filing of a constitutional petition---Held: The doctrine of legitimate expectation suggests that individuals may have a justifiable anticipation of receiving specific commitment made by the relevant authority---Indeed, a valid anticipation arises as a result of a commitment, guarantee, or custom by or on behalf of the government or public entity---When a legitimate expectation is violated, it provides a legal basis to contest the administrative action---In cases where there is no substantive right, a legitimate expectation may enable an individual to pursue judicial review of a wrongdoing---When determining the legitimacy of the expectation, the Court may assess whether the decision made by the public authority has violated the legitimate expectation ; if this is proven, the Court has the authority to invalidate the decision and direct the relevant authority or individual to comply with the legitimate expectation---Said doctrine serves as a mechanism for monitoring the conduct of administrative authorities and puts responsibilities on all public entities to maintain fairness, equity and impartiality in all situations pertaining to legitimate expectations---High Court remanded the case to the Selection Board for appointment to subject post of the University/Respondents , directing to assess de novo the suitability of petitioner for the post she applied for, and recommend her selection or rejection to the University Syndicate based upon clear yardstick for selection or rejection---Constitutional petition was disposed of accordingly.

Dr. SHAKEELA vs UNIVERSITY OF SINDH through Vice-Chancellor/Chairman Selection Board University of Sindh Jamshoro S — 2026 PLC(CS) 487 KARACHI-HIGH-COURT-SINDH

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