3508/2018 Const. P. Riasat Ali and Ors (Petitioner) V/S Govt. of Sindh & Others (Respondent)
Bench: Hon'ble Chief Justice Mr. Justice Muhammad Shafi Siddiqui, Hon'ble Mr. Justice Adnan Iqbal Chaudhry(Author)
3508/2018 Const. P. Riasat Ali and Ors (Petitioner) V/S Govt. of Sindh & Others (Respondent) Sindh High Court
Bench: Hon'ble Chief Justice Mr. Justice Muhammad Shafi Siddiqui, Hon'ble Mr. Justice Adnan Iqbal Chaudhry(Author) Order Date: 09-DEC-19
1. Pursuant to Article 129 of the Constitution, the executive authority of the Provincial Government is to be exercised by the Provincial Cabinet as a collective entity albeit in the name of the Governor. When a Provincial statute, such as the Sindh Agriculture University Act, 1977, provides for the exercise of executive authority by the Provincial Government, that is to be done and the decision for that has to be taken by the Provincial Cabinet and not by the Chief Minister alone. Rel: Mustafa Impex v. Government of Pakistan (PLD 2016 SC 808); Karamat Ali v. Federation of Pakistan (PLD 2018 Sindh 8); Mirpurkhas Sugar Mills Ltd. v. Province of Sindh, C.P. No.D-8591/2018. 2. Having seen that the word Government in section 27(1) of the Sindh Agriculture University Act, 1977, as it stood amended at the relevant time by the Sindh Universities and Institutes Laws (Amendment) Act, 2014, could only mean the Provincial Cabinet, the decision to extend the tenure of the Respondent No.5 as Vice Chancellor for another term, and the terms and conditions of such extension, had to be taken by the Provincial Cabinet and not by the Chief Minister in isolation of the Provincial Cabinet.