6218/2020 Const. P. Dr. Faraz Ahmed Wajidi (Petitioner) V/S Chancellor DOW University (Respondent)

6218/2020 Const. P. Dr. Faraz Ahmed Wajidi (Petitioner) V/S Chancellor DOW University (Respondent) Sindh High Court

Bench: Hon'ble Mr. Justice Salahuddin Panhwar, Hon'ble Mr. Justice Adnan-ul-Karim Memon(Author) Order Date: 13-SEP-21

The caption petition has raised substantial questions of law involving interpretation of the certain provisions of The DOW University of Health Sciences Act, 2004 (`Act-2004`) and the Dow Employees (Service) Statute, 2007, and the principles governing the Writ of Quo Warranto as well as the power of the syndicate/competent authority of respondent-University to make a contractual appointment under the Act-2004 as amended up-to-date and Service Statute 2007--In our view, the evaluation made by an Expert Committee of respondent-university ought not to be easily interfered with by this Court which does not have the necessary expertise to undertake the exercise that is necessary for such purpose. It is a settled proposition that the competent authority, within its power to make its assessment, has to assess the candidature of a candidate for regular appointment or on contract basis, on case to case basis. On the aforesaid proposition, we are fortified with the decision of the Honourable Supreme Court in the case of Muhammad Ashraf Sangri v. Federation of Pakistan and others (2014 SCMR 157). In the instant case, prima-facie, the competent authority has assessed the candidature of the private respondents and appointed them in the respondent-university, which does not require interference at our end.