DR Faheem Writ Petition Format-1

IN THE COURT OF HONORABE LAHORE HIGH COURT, LAHORE
WRIT PETITION NO. __________/2022
PROF. DR. MUHAMMAD FAHEEM MALIK, Professor of Zoology, University of

Gujrat, Gujrat
( Petitioner)
VERSUS
1. GOVERNMENT OF PUNJAB through Secretary of Higher Education
Department, Civil Secretariat, Lahore.
2. UNIVERSITY OF GUJRAT, GUJRAT through its Vice Chancellor.
3. THE CHANCELLOR, University of Gujrat, Gujrat.
4. VICE CHANCELLOR, University of Gujrat, Gujrat.
5. REGISTRAR, University of Gujrat, Gujrat.
6. Deputy Secretary, Government of Punjab, HEC, Civil Secretariat, Lahore.
7. PROF. DR. MUHAMMAD MUSHAHID ANWAR, Professor of Geography,
University of Gujrat, Gujrat.
(Respondents)
WRIT PETITION UNDER ARTICLE 199 OF THE CONSTITUTION OF ISLAMIC
REPUBLIC OF PAKISTAN, 1973.
RESPECTFULLY SHEWETH:
1. That the name and addresses of the parties have correctly been given in
the head note of this writ petition and are sufficient for the purpose of
effecting services and all other communications to service the summons
to the parties.
2. That through the instant constitutional petition the petitioner seeks the
indulgence of this honorable High Court for setting aside the impugned
Notification No. SO(Univ.)16-02-2019 dated: 20-10-2022 (Annexure-A)
3. That the brief facts leading to the instant writ petition are that the
petitioner is the senior most Professor of Zoology and also senior most
Professor at University of Gujrat, Gujrat. He has been Pro-Vice
Chancellor, University of Gujrat, Gujrat Vide Notification: SO(Univ.)16-
02/2019 dated: 3rd September, 2019 previously (Annexed as annexure-B)
and also had the privilege of holding the post of Acting Vice Chancellor
of the University( from 23-11-2018 to 23-07-2019) and during the tenure
of Pro-Vice Chancellor the services of the Petitioner remained excellent.
4. That the Vice Chancellor , University of Gujrat, Gujrat, Respondent No.4
herein had initiated a summary to the Chief Minister of Punjab, in which
he had proposed a panel of the following Professors from amongst whom
appointment of Pro-Vice Chancellor of the University of Gujrat, Gujrat
had to be made: ( Herein after referred to as “the University”)
Seniority List of the UOG Professors with Total Experience

S# Name of the BPS Department Date of As
Professor Joining Professor
Total
Service at
UOG till
April 01-
2022
1. Prof. Dr Muhammad 21 Zoology 21.04.2010 12 Y 03M
Faheem Malik 09D
2. Prof. Dr Muhammad 21 Geography 11-04-2016 06 Y 00M
Mushahid Anwar 19D
3. Prof. Dr Shahid Iqbal 21 Electrical 22-09-2017 04 Y 10M
Engineering 08D
5. That the instant writ petition is in question to the Notification No.

SO(Univ.) 16-02/2019( UOG) Dated: 20th October, 2022 by which the
Chancellor of the University of Gujrat. Gujrat has appointed Professor
Dr. Muhammad Mushahid Anwar, Professor of Geography at University
of Gujrat, Gujrat/Respondent No. 7 as Pro-Vice Chancellor of the
University of Gujrat, Gujrat for a term of three years with immediate
effect. (A copy of the Notification dated: 20 th of October, 2022 is
annexed as Annexure-A)
6. That on 05-07-2022, the worthy Chancellor of University of Gujrat i.e.

Respondent No.3 was pleased to correspond vide letter No: # GS
( UNIV-I) 42-1 /2019-790 for the purpose of filling the posts of Pro-Vice
Chancellor in Universities.( Letter is annexed as annexure-C)
7. That University of Gujrat through Registrar Respondent No: 5 was

pleased to respond the said Letter ( Annexure –C) through the
correspondence No. UOG/R(E-II)/60/ dated: 02-08-2022 ( Annexed as
Annexure-D) the relevant portion is reproduced as follows:
“ in lieu of above a panel of three senior most Professors of the

University of Gujrat( in order of seniority) is hereby forwarded for kind
perusal and approval of the Honorable Chancellor/ Governor for
appointment to the position of Pro-Vice Chancellor, University of
Gujrat under the provisions of ibid Act w.e.f. 04-09-2022:
i. Prof. Dr Muhammad Faheem Malik, Professor of Zoology
ii. Prof. Dr Muhammad Mushahid Anwar, Professor of Geography
iii. Prof. Dr Shahid Iqbal, Professor of Electrical Engineering
8. That the respondent No.01 vide Notification No. SO(Univ.) 16-02-2019
dated: 20th , October, 2022 was pleased to appoint Mr. Muhammad
Mushahid Anwar , Deparment of Geography, as Pro-Vice Chancellor,
University of Gujrat for a period of three years while ignoring the
factual , legal and constitutional position of the matter.
9. That despite of the fact that the petitioner is the senior most in the list of
seniority but still he has been ignored. The impugned notification
dated:20-10-2022 is illegal and not in accordance with the law. Hence,
the same is impugned before the honorable Court and the petitioner seeks
the indulgence of this Honorable Court for setting aside the Notification
NO.SO(Univ.)16-02/2019 dated: 20-10-2022 on the following grounds
inter alia:
GROUNDS
a) That through the impugned Notification, Respondent No.7 has been

appointed as Pro-Vice Chancellor, ignoring the petitioner who was
admittedly the Senior most professor in the University. The
impugned Notification is given in violation of merits and clearly
aimed at discrimination. The Respondent No.3 has fallen into error
and committed gross illegality while ignoring the petitioner in respect
thereof. As such as the impugned Notification is liable to be quashed
under the order of this honorable Court in exercise of jurisdiction
under the Constitution of Islamic Republic of Pakistan, 1973.
b) That it is a well settled principle of law that when a law requires a

thing to be done in a particular manner, it should be done in that
manner and there is absolutely no scope for deviation from the
principle settled by the laws.
c) That the Respondent No.3 issued Notification and nominated the

Respondent No.7 for the post of Pro-Vice Chancellor without the
due and proper exercise of jurisdiction. He has issued Notification
without applying his judicious mind.
d) That the recommendation made by the Respondent NO.03 (university

of Gujrat) vide letter # UOG/R(E-II)/60 dated August-02-2022
(Annexed as annexure-D) has also been ignored and disregarded by
the Respondent No.01 without any justifiable reason.
e) That the worthy Respondent NO.3 has failed to consider the aspects
of suitability of the petitioner for the position besides the petitioner’s
qualification as senior most in the seniority list.
f) That the petitioner is not only the senior most Professor of the University
of Gujrat, Gujrat but is the most suitable candidate for the nomination of
Pro-Vice Chancellor amongst all professors. No justification and
reasoning has been given by the Respondent NO.3 for the violation of
merit of Seniority and nominating the Respondent No.7 by superseding
the petitioner .
g) That while nominating the Respondent No. 7 the Respondent No. 3 has
ignored the factual position of the matter that the Respondent No.7 has
already been alleged of claiming almost 05 years of fake experience for
his requirement as a professor at University of Gujrat. The Vice
Chancellor UOG has been asked to comment on the said matter by the
Respondent No.3 and PHEC( Prudential Higher Education Commission)
vide correspondence No. PHEC (Admn)1-13(2)/22/95 ( Annexed as
Annexure-E)
It is pertinent to point out that ten years
of post- doctorate research experience or in total fifteen years of
Research experience is required for the appointment as a professor in
University of Gujrat but Respondent No. 6 had allegedly lacked ten
years of post-doctorate experience at the time of appointment so as to
meet that criteria. He showed that he has worked as a research
associate for five years and for this purpose he allegedly used a
fraudulent experience certificate of SCOPE NGO, Karachi . The
concerned SCOPE NGO issued a statement about the experience
certificate in the following words (Annexed as annexure-F)
“ Being former CEO of this Organization and as per records, it is

declared that Mr. Mushahid Anwar has never been the part of
SCOPE in any capacity. I regret and reject his claim.”
h) That the said matter is yet to be concluded but the Respondent No.7 has
been notified for the post of Pro-Vice Chancellor, University of Gujrat,
Gujrat. This fact itself speaks volumes.
i) That no reasons have been provided by the Chancellor/Respondent No. 3

for not appointing the petitioner to the post showed an exercise of pick
and choose with pre-determined mind and a conscious and deliberate
effort appeared to have been made to contrive reasons to appoint a
person lower on merit and deprive a person better qualified, higher on
merit and obliviously more suitable for the post in question. Such act of
Respondent No.3 amounts to an illegal, arbitrary, capricious and
unbridled exercise of discretion.
j) That the impugned Notification is liable to be quashed as it will not

work out that some Junior to the Petitioner is destined to become Pro-
Vice Chancellor, a senior rank than that of the petitioner. The petitioner
would be compelled to render remaining period of service under a junior
one which would be a cause of day to day hardships for a senior most
Officer and it would cause chaos in administrative justice.
k) That an action of the Respondent No.3 which was mala fide could not be
regarded as an action in accordance with law.
l) That the chancellor had not exercised its power for making an
appointment in just, fair and transparent manner and breached the trust
vested in him.
m) That appointing an eligible person in disregard of settled procedure was

itself a despicable act inimical not only for the aggrieved but also for the
general Social well-being.
n) That in case the impugned Notification No.SO(Univ.)16-02/2019 dated:

20th of October, 2022 is not set aside it may become detrimental not only
for the petitioner but for the general social well-being as well.
o) That under the above mentioned circumstances made above, the

petitioner has no other alternate, efficacious and quick remedy available
against the impugned Notification No.SO.(Univ.)16-02/2019 dated: 20-
10-2022. The petitioner shall suffer irreparable loss in case the instant
constitutional writ petition is not accepted.
PRAYER
In view of the above mentioned circumstances, it is most respectfully

prayed that the instant writ petition may kindly be accepted and the
impugned Notification No. SO (Univ.) 16-02/2019 dated: 20-10-2022
for the appointment of Respondent No.7 as Pro-vice Chancellor of
the University of Gujrat, Gujrat may kindly be declared as malafide,
arbitrary and illegal and the same be set aside in the best interest of
justice ,equity and fair play. The Respondent No.3 may kindly be
directed to appoint the petitioner as Pro-Vice Chancellor of the
University of Gujrat, Gujrat being the senior most professor of the
University of Gujrat, Gujrat and also directed to proceed in
accordance with the law governing the matter in hand.
Any other relief which this honorable Court deems fit may kindly also
be granted.
PETITIONER
THORUGH COUNSEL
SHEIKH SULEMAN ELLAHI,

ADVOCATE HIGH COURT
SHEIKH ELLAHI BUILDING NO.1
TURNER ROAD, LAHORE
CNIC# 34201-0393670-4
CELL# 0321-6223379
CERTIFICATE:
It is certified that upon the instructions of my client it is the 1 st writ petition filed before
this honorable Court in the instant matter.
DATED: 21-10-2022

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IN THE COURT OF HONORABE LAHORE HIGH COURT, LAHORE

WRIT PETITION NO. __________/2022

PROF. DR. MUHAMMAD FAHEEM MALIK, Professor of Zoology, University of

1. GOVERNMENT OF PUNJAB through Secretary of Higher Education

Department, Civil Secretariat, Lahore.

2. UNIVERSITY OF GUJRAT, GUJRAT through its Vice Chancellor.

3. THE CHANCELLOR, University of Gujrat, Gujrat.

4. VICE CHANCELLOR, University of Gujrat, Gujrat.

5. REGISTRAR, University of Gujrat, Gujrat.

6. Deputy Secretary, Government of Punjab, HEC, Civil Secretariat, Lahore.

7. PROF. DR. MUHAMMAD MUSHAHID ANWAR, Professor of Geography,

University of Gujrat, Gujrat.

WRIT PETITION UNDER ARTICLE 199 OF THE CONSTITUTION OF ISLAMIC

REPUBLIC OF PAKISTAN, 1973.

Notification No. SO(Univ.)16-02-2019 dated: 20-10-2022 (Annexure-A)

Professor at University of Gujrat, Gujrat. He has been Pro-Vice

Chancellor, University of Gujrat, Gujrat Vide Notification: SO(Univ.)16-

02/2019 dated: 3rd September, 2019 previously (Annexed as annexure-B)

of the University( from 23-11-2018 to 23-07-2019) and during the tenure

of Pro-Vice Chancellor the services of the Petitioner remained excellent.

4. That the Vice Chancellor , University of Gujrat, Gujrat, Respondent No.4

herein had initiated a summary to the Chief Minister of Punjab, in which

he had proposed a panel of the following Professors from amongst whom

appointment of Pro-Vice Chancellor of the University of Gujrat, Gujrat

had to be made: ( Herein after referred to as “the University”)

Seniority List of the UOG Professors with Total Experience

5. That the instant writ petition is in question to the Notification No.

6. That on 05-07-2022, the worthy Chancellor of University of Gujrat i.e.

7. That University of Gujrat through Registrar Respondent No: 5 was

“ in lieu of above a panel of three senior most Professors of the

a) That through the impugned Notification, Respondent No.7 has been

b) That it is a well settled principle of law that when a law requires a

c) That the Respondent No.3 issued Notification and nominated the

d) That the recommendation made by the Respondent NO.03 (university

“ Being former CEO of this Organization and as per records, it is

i) That no reasons have been provided by the Chancellor/Respondent No. 3

j) That the impugned Notification is liable to be quashed as it will not

m) That appointing an eligible person in disregard of settled procedure was

n) That in case the impugned Notification No.SO(Univ.)16-02/2019 dated:

o) That under the above mentioned circumstances made above, the

In view of the above mentioned circumstances, it is most respectfully

SHEIKH SULEMAN ELLAHI,

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