Dr. MUHAMMAD MAROOF KHAN vs UNIVERSITY OF KOTLI through Registrar S — 2026 PLC(CS) 618 HIGH-COURT-AZAD-KASHMIR

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Dr. MUHAMMAD MAROOF KHAN VS UNIVERSITY OF KOTLI through Registrar S. 10(5)(a)---Azad Jammu and Kashmir Interim Constitution Act (VIII of 1974), Art. 44---Educational institution---Constitutional jurisdiction of High Court---Scope---Withdrawal of order of additional charge of the post of Treasurer/Drawing and Disbursing Officer (DDO)---Investigation by the Ehtesab Bureau qua serious allegations---Unclean hands---Grant of equitable relief by High Court---Scope---Petitioner being aggrieved of such withdrawal of the additional charge and assignment thereof to his junior officer sought continuation/retention of additional charge of the post till the arrival of a regular incumbent---Validity---Post of Treasurer could not be kept vacant because of petitioner's custody by Ehtesab Bureau and pendency of investigation qua serious allegations of misappropriation and embezzlementagainst him as pointed out through different audit paras---Appointment of the petitioner was purely made on temporary basis under S. 10(5)(a) of the University of Kotli Azad Jammu and Kashmir Act, 2014, (Act) for a short span of time or till further orders, thus, extension or enlargement in temporary arrangement was the province of the relevant authority---Such like appointment could not create any vested legal right in favour of the incumbent to ask for permanence or for that matter extension in temporary appointment, thus, petitioner could not claim the protection and continuance of an order purely temporary in nature, as he having accepted the condition of continuance of the order till further orders could not seek a relief against the same as well as against the University Act---Remedy of writ is an extraordinary relief bestowed by the Constitution, which is beautified with certain protocols, and first and foremost requirement which was to be established by the petitioner was violation of specific provision of law---Temporary employee cannot keep pace with regular employees---Only aggrieved person by projecting a case of violationoflawwithcleanhandandpromptattemptcanfind solace by invoking extraordinary writ jurisdiction of the High Court---Constitutional petition was dismissed, in circumstances.

Dr. MUHAMMAD MAROOF KHAN vs UNIVERSITY OF KOTLI through Registrar S — 2026 PLC(CS) 618 HIGH-COURT-AZAD-KASHMIR

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