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5300/2020 Const. P. Rasheed Alam (Petitioner) V/S Dr. Qadeer Muhammad Ali & Ors (Respondent)

Sindh High CourtConstitutional Law2025

Bench: Hon'ble Mr. Justice Muhammad Karim Khan Agha, Hon'ble Mr. Justice Adnan-ul-Karim Memon(Author)

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5300/2020 Const. P. Rasheed Alam (Petitioner) V/S Dr. Qadeer Muhammad Ali & Ors (Respondent) Sindh High Court

Bench: Hon'ble Mr. Justice Muhammad Karim Khan Agha, Hon'ble Mr. Justice Adnan-ul-Karim Memon(Author) Order Date: 01-JAN-25

We are also cognizant of the fact that the invocation of the writ of Mandamus under Article 199 of the Constitution of the Islamic Republic of Pakistan, 1973, has been restricted to enforce the terms and conditions of non-statutory rules of service of government-owned and controlled organizations. However, the petitioner's case involves the enforcement of the university's service rules. The court cannot hear the transfer order challenge as it falls within the terms and conditions of service. Regarding the quo warranto writ, the petitioner must file a separate petition to challenge the private respondents' appointment orders keeping in view that one of the respondents has retired from service as pointed out by the counsel for the respondent university. 12. The petition and applications pending therein stand dismissed with no order as to costs.

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