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December 2, 2005 Friday Shawwal 29, 1426


KARACHI: Pleas against hiring in Dow varsity dismissed



By Shujaat Ali Khan


KARACHI, Dec 1: The Sindh High Court allowed one and dismissed three petitions against the appointment of professors in four departments of the Dow University of Health Sciences. Dismissing a petition moved by Dr Allah Rakhio Jamali, a division bench comprising Chief Justice Sabihuddin Ahmed and Justice Athar Saeed observed that the selection on the basis of fitness was a subjective evaluation of an objective criterion and the court could not perform the function of a selection board.

Representing Dr Ataur Rahman, one of the respondents appointed professor of orthopaedic surgery in the DUHS, Advocate Dr Khalid Ishtiaq submitted that the posts were advertised in reputed newspapers and the university selection board made the appointments in accordance with the advertised criteria.

The petitioner, the lawyer said, was not competent to maintain a petition inasmuch he missed, though by a narrow margin, the requisite practical experience. The selection board had the sole discretion to assess the eligibility and suitability of the candidates.

The bench, however, allowed a petition moved by Dr Yasmin Shaikh through Advocate Raja Qureshi against the appointment of Dr Razzak Memon as professor of pathology in the DUHS. She said she was senior to the newly-appointed professor and should have been selected on the basis of seniority and fitness.

Advocate Qureshi argued that the impugned appointment violated the Pakistan Medical and Dental Council rules as well the DUHS Act. The members co-opted to the selection board should have been approved by the university syndicate before the commencement of the selection process.

In the instant case, the lawyer argued, a notification of the co-opted members’ nomination on the selection board was issued subsequent to the selection. The selection process lacked transparency and violated the guidelines prescribed by the Supreme Court for the exercise of discretionary powers.

The bench dismissed the petitions moved by Dr Sher Shah Syed and Dr Munir Qureshi against the selection of professors for gynaecology and ophthalmology in the university. Detailed reasons for dismissal and acceptance of the four petitions relating to the DUHS appointments would be recorded later.

Plea disposed of: The Sindh High Court disposed of a petition moved by a former administrator of a girls’ hostel in terms of a law officer’s assurance that her complaint would be duly entertained by the Frere police station.

Petitioner Ghazala Shafiq said she was molested and thrown out of Brenton Carey Girls Hostel, Frere, in April by her rivals in the Christian community with the help of police. Instead of recording her complaint, a counter-case was registered against her at the behest of her tormentors and the offending policemen. An inquiry into the incident ordered by police high-ups was hushed up and its report was not being allowed to be published.

Additional Advocate-General M. Ahmed Pirzada maintained that the police were not taking sides and the complaint lodged by her would be duly entertained.



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