162/2021 Const. P. Syed Jamil Hussain Kazmi (Petitioner) V/S The Chief Sect: and Others (Respondent)

162/2021 Const. P. Syed Jamil Hussain Kazmi (Petitioner) V/S The Chief Sect: and Others (Respondent) Sindh High Court

Bench: Hon'ble Mr. Justice Salahuddin Panhwar, Hon'ble Mr. Justice Adnan-ul-Karim Memon(Author) Order Date: 18-SEP-21

We in the aforesaid circumstances hold that the recommendation of the respondent-university as well suggestion of Secretary Universities and Board to the competent authority for the appointment of Dean Faculty of Science in Karachi University as discussed supra was without lawful authority; and, we do not appreciate the conduct of the respondents in the manner they have dealt with the matter of appointment of the Dean Faculty of Science in Karachi University, in bypassing the senior professor working in grade 22 and got recommended the private respondents for the said position in violation of the principle of natural justice and seniority, which is a universal principle. It is well-settled law that if a civil/public servant is appointed in violation of any provision of law, the competent authority can look into the matter---Coming to the next point that interest of the petitioner is also being agitated in the petition, suffice it to say when we have found that every action of the respondents dubious to propose the competent authority, the names of the shortlisted candidates, in a cursory manner, thus prima facie the competent authority was not properly appraised on the subject issue, therefore, the matter needs to be looked into by the competent authority afresh, keeping in view the seniority-cum merit principle as law laid down by the Honorable Supreme Court on the subject and take a fresh decision to appoint Dean of Faculty of Science of respondent-university.