KARACHI: Sindh High Court (SHC) has dismissed the petition against re-appointment of Dr Nighat Shah daughter of former Chief Minister (CM) Sindh Qaim Ali Shah after her retirement declaring the petition non maintainable at preliminary stage. The court remarked court cannot impose its view point on policy decision of the administration under constitutional powers of jurisdiction. Interference can not be made in policy decisions and matters of appointment if clear ill intent and violation of law is not proved. Justice Adnan ul Karim Memon remarked during hearing of the petition provincial cabinet decision is of policy nature. Prime facie no flaw or ill intent of powers of jurisdiction is visible in cabinet decision. Naeem Iqbal counsel for petitioner told the court provincial cabinet had directed to reappoint Nighat Shah for further three years two days before her retirement while advertisement for vacant post of professor in Gynae department had already been released and process of appointment was underway. The counsel took the plea re-appointment after retirement is not right of any one and it is an extraordinary step. The petitioner Dr Memona said she is entitled to be appointed as professor in Gynae department on merit. ONLINE
The court remarked provincial government has directed to consider re-appointment of Dr Nighat Shah in the public interest and for betterment in education and research standard. However Dr Nighat Shah has neither been appointed professor directly due to cabinet decision and nor the conditions of legal process for appointment stand abolished.
The court maintained there is room to retain in service faculty members of government institutions under PMDC regulations after retirement according to requirement. However such appointment will be subject to need of the institution and relevant laws.
SHC further said the promotion and seniority of incumbent employees of the university should not be affected due to re-appointment of Dr Nighat Shah.
