FAHIM AHMED SIDDIQUI, J.---The petitioner has filed the aforement ioned petitions which are somewhat interconnected in respect of subject matter as well as relief sought by the petitioner in both the petitions, hence it is appropriate that the same, may be disposed of with this single order .
2. The factual matrix of both the petitions pertain to legal education and appointments of faculty of law, Principal, Chairman and Deans appointed in the Law colleges/Law schools functioning directly by Shah Abdul Lateef University or af filiated with the same, as well as other universities by relying upon the directions of the Apex Court.
3. Through Constitutional Petition No. D-1420 of 2019, the petitioner has sought relief for implementation of directions of Hon'ble Supreme Court regarding legal education while in C.P. No. D-634 of 2019 he has questioned his, removal from Secretary Board of Governors for Law colleges affiliated with Shah Abdul Lateef University Khairpur .
4. In the instant matter , comments have been filed by the respondents. Amongst the comments, the comments of respondent No.4/Pakistan Bar Council in C.P. No. D-1420 of 2019 are important as the same is the highest body to regulate the legal education in the country . So far the comments of rest of the respondents are concerned, the same are also having nexus with legal education as they are responsible for imparting legal education in the specific area of the province of Sindh mostly covered upper part of the province.
5. We have heard the arguments and have gone through the annexed documents and cited case laws.
6. The contention of the petitioner is that the respondents are wilfully avoiding the directions of Hon'ble Supreme Court regarding legal education. According to which the Principal, Dean faculty of law or Chairman Faculty of law ought to be appointed as per criteria laid down by the Hon'ble Supreme Court and' no person should be appointed who does not fulfill the said criteria. In respect of C.P. No. D-634 of 2019., the contention of counsel for the petitioner is that petitioner was removed by respondent No.2 from the post of Secretary Board of Governors for Law colleges affiliated with Shah Abdul Lateef University Khairpur without fulfilling the necessary requirements and completing the codal formalities. According to him the proper show cause notice before removal should be given to the petitioner , hence such 'order may be declared as null and void.
7. The respondent No.3 submits that he has been rightly appointed as Incharge Director Dean and Principal of school of law at Khairpur and there is no violation of the orders of Hon'ble Supreme Court. He submits that his appointment as Dean is strictly in accordance with the judgment of the Hon'ble Supreme Court. He further submits that even the petitioner is not fulfilling the requirement of the appointment of Princ ipal of Law college as such his appointment of Principal of Law college Larkana is questionable. He further submits that presently he is not lecturer of law college, as he has been placed by some other person. He further submits that so far the appointment as.
Secretary Board of Governors of legal education is concerned, the same is an honorary post as such the Constitutional Petition No. D-634 of 2019 is not maintainable because no right of the petitioner has been infringed by removing him from the post of secretary while being Principal of Law College Larkana he will remain ex-of ficio Member of the Board.
8. In the instant case as explained above , the comments filed on behalf of Pakist an Bar Council requires special attention as the same is the body which controls and fix criteria for imparting legal education while syllabus of legal education is required to be designed as per the directions and criteria issued by the said body . No doubt universities in the province being degree awarding institutions are responsible to check the other aspects of legal education like examination schedule, process of examination and the quality of study material and faculty but the same should be done in line with the policies, rules and regulations laid down by the Pakistan Bar Council (respondent No.4) in C.P. No. D-1420 of 2019. It is pertinent to mention here that Hon'ble Supreme Court in its judgment reported as Pakistan Bar Council through Chairman and others v. Federal Government through Establishment Division and others (2019 SCMR 389) has exhaustively dealt with all the questi ons pertaining to legal education and has given recommendations for exercising quality of legal education in the entire country which being direction of the Apex Court are binding to all. According to aforementioned reported judgment of Hon'ble Supreme Court, the qualification of faculty of law colleges is prescribed as under:-- The university / degree awarding institutio n / law College imparting legal education at the level of LL B. programme shall hire law faculty members/ teachers as under:
(i) The Dean Law Faculty/Head of Law Department/Principal of law college shall be Ph.D. in law with 8 years law teaching experience/practice experience in High Court or Masters Degree in Law with 15 'years law teaching experience/practice experience in High Court or a retired Judge of the Supreme Court or a High Court or a retired District and Sessions Judge having 5 years of judicial service to his credit;
(ii) At least five permanent/whole time faculty members/teachers having a Masters degree in law with 5 years law teaching experience/practice experience in High Court or having a Bachelors degree in law with 10 years law teaching experience/ practice experience in High Court; and
(iii) There shall be at least five part time/visiting faculty members/ teachers having 5 years standing as Advocates of High Court.
(iv) The above standard ratio of permanent and visiting faculty shall be followed to meet the needs of up to 100 students. Additional students shall be catered by increasing faculty strength according to the said ratio.
9. It is unfortunate that in majority of law school/law colleges, the said criteria has not been followed. All the universities in the province are required to strictly abide by the guideline given by the Hon'ble Supreme Court regarding legal education reported in the cases of Pakistan Bar Council v. Federal Government and others PLD 2007 Supreme Court 394), Pakistan Bar Council through Chairman and others v. Federal Governm ent through Establishment Division and others (2018 SCMR 1891 ) and Pakistan Bar Council through Chairman and others v. Federal Government through Establishment Division and others (2019 SCMR 389). From the comments of Pakistan Bar Council it is dear that respondent No.3 in C.P. No. D-1420 of 2019 and C.P. No. D-634 of 2019 is not fulfilling; the specific criteria for appointment of the prestigious posts , he is holding. The Government of Sindh as well as all the Vice Chancellors and Registrars of universities are directed not to appoint any person as Chairman, Dean Faculty of Law, Director of Law school or Principal of law colleges either personally or as incharge, who does not fulfil the criteria laid down by Hon'ble Supreme Court as mentioned above. It is further directed that all those persons who are holding the position of such important post either permanent or in the capacity of Incharge who does not qualify to the said criteria should be removed immediately and such compliance report be submitted through Additional Registrar of this Court. It is held that the removal of the petitioner in C.P. No. D-634 of 2019 as Secretary Board of Governors for Law Colleges affiliated with Shah Abdul Lateef University was done without fulfilling the requisite formalities as without providing a proper opportunity of hearing, as such the same is set aside. With these observations both the petitions are disposed of.