SAFDAR SALEEM SHAHID, J. - Through the instant petition the petitioner has assailed the notification dated 29.01.2021, whereby respondent No.3 has been appointed as Registrar of the Islamia University of Bahawalpur.
2. The petitioner is currently working as Additional Treasurer (BS-19) in the University as regular employee.
According to the petitioner he being qualified and eligible, appeared twice before the Selection Board constituted for the post of Registrar (BS-20), but respondent No.1 in violation of the provisions of Islamia University of Bahawalpur Act, 1975 as well as Officers' Appointment Statute, 1977 and without advertising the post, has illegally issued the order of appointment of respondent No.3. The petitioner has challenged the said order with the following prayers:- "I. It is therefore, humbly prayed that the impugned appointment of respondent No.3, appointment letter dated 29.01.2021 may kindly be declared illegal, malafide, without lawful authority, violation of law and rules under the Islamia University Bahawalpur Act 1975.
II. That the writ of Quo-warranto may kindly be issued by asking the respondent No.3 under what authority of law he is holding the post of Registrar BS-20 at Islamia University Bahawalpur , being not eligible and qualified without any experience.
III. That the direction also be issued to respondent University to act in accordance with law and fill the post of Registrar in fair manner, on merit as per Section 16 of the Islamia University BWP Act 1975 after issuing the advertisement for the whole time appointment under Section 16 of the Islamia University Bahawalpur Act 1975 in the best interest of justice."
3. Notices were issued to the respondents, who submitted the comments where they categorically replied all the objections and reservations shown by the petitioners in the petition. According to the comments the Syndicate of the Islamia University of Bahawalpur (IUB) is the Appointing Authority of the post of Registrar . It is mentioned that the post of Registrar was advertised a number of time in the last ten years, however , no suitable candidate, including the petitioner , was recommended for appointment by the Selection Board to the Syndicate IUB/Competent Authority . The matter was placed before the Syndicate Islamia University Bahawalpur under Section 32(2) of the Islamia University Bahawalpur Act, 1975. The Syndicate being competent authority under Section 33(2) of the Act ibid approved rules i.e. The Islamia University Bahawalpur Rules for the appointment of Registrar , Treasurer and Controller of Examinations, 2020, vide its 74 Meeting held on 04.07.2020. The appointment of Registrar is made by the Syndicate/Appointing Authority vide its 75 Meeting held on 02.01.2021 in accordance with Rule 6(1) & (2) of the Rules. Respondent No.3, who is duly qualified and eligible in accordance with the qualification and experience required under Rule 5 of the Islamia University Bahawalpur Rules for Appointment of Registrar , Treasurer and Controller of examinations 2020, has been appointed by the Syndicate/Appointing Authority under Section 16 of the Islamia University Bahawalpur Act, 1975. The Registrar has been appointed by following the procedu re as "whole time officer" of the University and he shall hold office for a term of three years as mentioned in the Act. Under Section 33 of the Act, the Syndicate is empowered to make rules to regulate any matter relating to the affairs of the University which are not statutorily provided by the rules or regulations.
4. The learned counsel for the petitioner argued that under the Rules the Department/University was under obligation to fill the post of Registrar after advertisement in two newspapers but this procedure was bypassed in order to appoint a person of their own choice on political basis. Counsel in this regard referred to the case of Munawar Khan vs. Niaz Muhammad, etc. (NLR 1994 Service 1) and argued that the petitioner was equally eligible and qualified for the post of Registrar, but he has been ignored and victimized by the University/ respondents, therefore, the appointment of respondent No.3 dated 29.01.2021 be declared null and void and the University be directed to advertise the post as required by law.
5. Learned counsel for the respondents, on the other hand, read out the provisions of Section 16 of the Islamia University Bahawalpur Act, 1975, and argued that Syndicate was fully empowered to appoint respondent No.3 as he was suitable candidate and qualified in all respects for the post. The whole procedure was adopted by the Syndicate, being legally authorized for appointment of Registrar. The petitioner has no lien and if he is aggrieved of any proceedings of the Syndicate he may approach to the Chancellor.
6. Arguments heard. Record perused.
7. Islamia University Bahawalpur has its own constitution and its all affairs/works are regularized through Islamia University Bahawalpur Act, 1975. Section 16 of the Act reads as under:- "Registrar.- The Registrar shall be a whole-time officer of the University and shall be appointed by the Syndicate on such terms and conditions as may be determined by it.
He shall-
(a) be the custodian of the common seal and the academic records of the University;
(b) maintain a register of Registered graduates in the prescribed manner;
(c) conduct elections of members to the various Authorities in the prescribed manner; and
(d) perform such other duties as may be prescribed."
8. Furthermore, the appointment has been made adopting the procedure. Syndicate was fully authorized under Section 33 of the Act to make rules to regulate any matter relating to the affairs of the University. Rules for appointment to the posts of Registrar, Treasurer and Controller of Examinations were approved and all the terms and conditions were settled in the Minutes of 74th and 75th meetings of Syndicate on the basis whereof respondent No.3 was appointed as Registrar. I would like to refer to the case of Khushal Khan Khattak University through Vice-Chancellor and others vs. Jabran Ali Khan and others (2021 SCMR 977), wherein it is held as under:- "Where a matter related to the internal working and procedures of the Syndicate, then in the absence of bias, partiality or lack of transparency on the part of a Committee (acting on instructions and authorization of the Syndicate) the same could not be interfered with.
High Court in its constitutional jurisdiction cannot substitute the findings of the Syndicate without proof of mala fides, bias, illegality or lack of transparency ."th th
9. Learned counsel for the respondents/University has produced advertisements for the post of Registrar, previously advertised by them, which show that there was no malice on their part to appoint respondent No.3 as Registrar. As the University has to run all its administrative affairs through the Registrar and in case as a result of advertisement if no one qualifies for that post, the Syndicate had no option but to make Rules and appoint somebody on the said post in order to run the affairs of the University under the relevant rules of the Act, 1975. The citation referred by the learned counsel for the petitioner Munawar Khan (supra) is not applicable to the case in hand. In the said judgment the appointment to the posts in the government offices has been discussed, but the University is an independent autonomous/statutory body which has its own constitution; and appointment of Registrar is regulated under Section 16 of the Islamia University Bahawalpur Act, 1975, where the Syndicate is empowered to make the appointment of Registrar. I do not see any illegality in the appointment of respondent No.3 as Registrar of the Islamia University Bahawalpur .
10. In the circumstances, there is no force in the writ petition. The same is accordingly dismissed.