KARACHI: The Sindh High Court has directed the administration of the University of Karachi University (KU) to reconsider the eligibility for promotion of an assistant professor of Department of Urdu.
Petitioner Dr Muhammad Sajid Khan had moved the SHC, seeking directives for KU VC, registrar, syndicate and other respondents to issue a notification of his promotion to the post of associate professor/professor (BPS-20/21) after adopting all due formalities. He had applied for the post in response to a university advertisement published in 2019.
In its detailed order, a two-judge constitutional bench of the SHC, headed by Justice K. K. Agha, stated that the petitioner’s claim for promotion to associate professor/professor was denied due to alleged insufficient publications and subsequent suspension and an inquiry into a harassment matter, which were both later recalled.
“Both issues affect each other, because disciplinary proceedings can legally suspend consideration of promotion. However, that stigma is no more in the field, even if the promotion case was/is otherwise pending, which needs to be processed under the law,” the bench ruled.
The bench noted “in service jurisprudence an employee has a right to be considered for promotion”, subject to all just exceptions as provided under the law and “this aspect of
the case needed to be looked into by the respondent authority, when the petitioner’s case is taken up for such consideration”.
Representing the petitioner, Advocate Ali Asadullah Bullo argued that a suspension order, issued by the KU registrar in 2023, was illegal because it was passed without lawful authority, as the same was issued without any inquiry or authorisation from the syndicate.
The counsel submitted that the impugned proceedings were tainted with mala fide intent as the petitioner had earlier filed a petition in the SHC against illegal appointments in the university and the present action was initiated to victimise him.
However, the lawyer for the KU submitted that the suspension was “merely a temporary administrative measure and does not amount to punishment”, arguing that no illegality or procedural irregularity had been committed by the respondents. He prayed for dismissal of the petition.
The bench noted: “It appears that the petitioner’s claim for promotion can now be entertained by the competent authority, as the matter relating to his suspension and the pending inquiry under the Protection Against Harassment of Women at Workplace Act, 2010, has been concluded as informed. The suspension order, being interim in nature, does not amount to punishment under the service jurisprudence,” it noted.
Disposing of the petition, the court ruled that the question of the petitioner’s eligibility for promotion may also be reconsidered by the competent authority of the respondent university, if he is found to fulfil the prescribed criteria under the University of Karachi Act, 1972 and relevant rules.
Published in Dawn, October 13th, 2025