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Chancellor of University is the Final Authority in the Selection and Recruitment Process and Judicial Intervention in such Administrative Matters, should be Minimal --- Lahore High Court, Lahore

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Chancellor of University is the Final Authority in the Selection and Recruitment Process and Judicial Intervention in such Administrative Matters, should be Minimal --- Lahore High Court, Lahore

Islamabad 27-09-2024: In a significant ruling, the Lahore High Court has allowed an appeal filed by Lahore College for Women University (LCWU), setting aside a Single Bench judgment that had directed the university to appoint Dr. Rehana Kausar as a Professor of Urdu (BS-21). The Division Bench, comprising Mr. Justice Ch. Muhammad Iqbal and Mr. Justice Ahmad Nadeem Arshad, held that the appointment process must be re-advertised as per the recommendation of the university’s Chancellor.

The case stems from an intra-Court appeal filed by LCWU, challenging the 07.06.2024 judgment of a Single Bench, which had accepted [Writ Petition No. 57365/2023] filed by Dr. Rehana Kausar. The Single Judge had ordered the university to issue an appointment letter to Dr. Rehana Kausar for the position of Professor of Urdu.

The posts for Professor of Urdu (BS-21) were first advertised in December 2017, but the Selection Board found the two candidates, including Dr. Rehana Kausar, unsuitable for the post and decided to re-advertise it in September 2018. However, during the second selection process, the university’s Sub-Committee relied on the previous evaluation report instead of conducting a fresh evaluation, in violation of Clause 6(5) of the Service Statutes of LCWU.

Despite the Sub-Committee’s recommendation, the Syndicate in its 71st and 75th meetings disagreed with the process, deciding to seek a fresh external evaluation report. The matter was eventually referred to the Chancellor, who directed the university to re-advertise the position. Dr. Rehana Kausar challenged this decision through her Writ Petition, which was initially accepted by the Single Bench.

The Division Bench overturned the Single Bench’s decision, stating that the Chancellor is the final authority in such disputes under Clause 7(2) of the Service Statutes. The Court further emphasized that judicial intervention in administrative matters, particularly in the selection and recruitment process, should be minimal.

The Court cited several legal precedents, including the Supreme Court’s rulings in Muhammad Ashraf Sangri Vs. Federation of Pakistan (2014 SCMR 157) and The Secretary Punjab Public Service Commission Vs. Aamir Hayat (2019 SCMR 124), underscoring that Courts cannot substitute their judgment for that of selection boards or appointing authorities.

The Court reaffirmed the principle that the Chancellor’s decision to re-advertise the post must stand, as Courts should not interfere with the subjective decision-making of selection boards. The Court noted that such interference would amount to judicial overreach, which is not supported by law. The ruling also stressed the importance of adhering to statutory procedures, particularly the requirement for fresh evaluation reports.

The Lahore High Court’s decision reinstates the university’s right to manage its recruitment processes in accordance with its statutes, without undue interference from the judiciary. The Court allowed the appeal, set aside the 07.06.2024 judgment, and ordered the post of Professor of Urdu (BS-21) to be re-advertised as directed by the Chancellor.

This ruling reinforces the autonomy of educational institutions in handling recruitment and appointment matters and establishes important precedents on judicial restraint in administrative decisions.