Mr. Justice Khilji Arif Hussain in his elaborate judgment has decided the issue of appointment of Vice Chancellor for Shaheed Benazir Bhutto Women University, Peshawar in Civil Appeal No. 77-78 of 2015.
1. These two appeals are arising out of judgment dated 16.12.2014 passed by the Peshawar High Court, Peshawar whereby the learned High Court set-aside the order dated 1.4.2014 passed by the Government of KPK and notification dated 7.4.2014 while declaring as without lawful authority. The matter was remanded to the Chief Minister for considering afresh on merits in the light of recommendations by the Search Committee, in accordance with law, by exercising the discretion judicially after affording opportunity to the respondent of being heard.
2. The brief facts, necessary for adjudicating the matter, are that appellant (in civil appeal No.78 of 2015 i.e. Government of KPK through Higher Education Department) advertised the position of Vice Chancellor for Shaheed Benazir Bhutto Women University, Peshawar in the leading national newspapers. In response to said advertisement, various persons filed their applications including the appellant Dr. Razia Sultana and the respondent namely, Professor Dr. Ghazala Yasmeen. As averred in the petition, the Higher Education Department, KPK prepared a merit list of short listed candidates who were going to be interviewed by the Search Committee. As per contentions, according to merit list the respondent was awarded 52 marks whereas the appellant Dr. Razia Sultana was awarded 38 marks. The Search Committee interviewed the short listed candidates and finally three candidates including the appellant Dr. Razia Sultana and respondent Dr. Ghazala Yasmeen were unanimously recommended by the said Search Committee. The Higher Education Department, KPK forwarded these three names to the Chief Minister wherein the respondent’s name appeared at serial No.1 whereas the name of appellant Dr. Razia Sultana appeared at serial No.3. The Chief Minister through order dated 1st April, 2014 recommended the name of appellant Dr. Razia Sultana to be appointed as Vice Chancellor and accordingly, after approval of the Governor/Chancellor, a notification was issued on 7th April, 2014. The respondent Dr. Ghazala Yasmeen impugned the said notification dated 7th April, 2014 through Writ Petition No.1255-P/2014 before the learned Peshawar High Court which was allowed in the above terms. Hence, these appeals.
3. We have heard Qazi Muhammad Anwar, Sr. ASC for appellant Dr. Razia Zultana, Mr. Waqar Ahmed Khan, Addl. A.G. for Government of KPK, Qazi Jawad Ehsanullah, ASC and Mr. Waseemuddin Khattak, ASC for respondents.
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