LAHORE: A Lahore High Court division bench on Thursday suspended a single bench’s decision against the appointment of Prof Dr Asad Aslam as administrator of the Punjab Human Organ Transplant Authority (HOTA).

The two-judge bench headed by Chief Justice Muhammad Ameer Bhatti issued the interim stay order on an intra court appeal (ICA) challenging the decision of the single bench passed on a petition of Prof Dr Mahmood Ayaz.

The appellant’s counsel argued that the respondent (Ayaz) lacked requisite experience of management and had teaching experience only. He said the respondent was not eligible to be considered for appointment against the post in question.

The counsel also questioned the jurisdiction of the court to intervene in the domain of the executive saying the matter in hand was a technical and policy matter. He asked the division bench to set aside the decision of the single bench.

The chief justice suspended the impugned decision and also sought replies from the respondents by Sept 26.

The single judge had on May 13 set aside the notification of Dr Aslam’s appointment for being illegal, unlawful and without lawful authority. The judge had referred the matter to the chief minister with a direction to appoint the candidate highest on merit preferably within a period of 15 days.

Allowing the petition of Dr Ayaz, the single bench had ruled that the chief minister did not enjoy absolute power under the law to appoint a person of his choice as administrator of the Punjab HOTA.

Ayaz’s counsel told the court that a monitoring authority, headed by the health minister, interviewed the candidates and consequently, petitioner was placed at Sr.No.1 in the merit list and respondents Dr Aslam and Pro Dr Farid Ahmad Khan at Serial No 2 and 3, respectively.

Consequently a summary was submitted to the chief minister, who approved the name of Dr Aslam for the appointment on Dec 20, 2021.

The counsel for the petitioner submitted that the impugned notification was illegal and had been issued in violation of law laid down by the superior courts. He added that the petitioner had been ignored by the chief minister without any lawful justification and reasons.

Published in Dawn, May 27th, 2022