The Federal Constitutional Court has clarified the limits of judicial intervention in appointments made by public universities, ruling that courts cannot act as appellate authorities against the administrative decisions of public universities.
In a written judgment authored by Justice Hassan Azhar Rizvi, the court stated that constitutional jurisdiction can only be exercised when there is proof of a violation of a law or a mandatory legal provision. The judgment further said that not every service-related dispute is maintainable through a constitutional petition.
According to the ruling, allegations alone are insufficient to establish bias. The court observed that no material was placed on record to demonstrate that the selection process was unlawful.
Also Read: Court Sentences Farrukh Khokhar to Life Imprisonment in Majid Satti Murder Case
The judgment stated that the Selection Board is the competent forum to assess candidates on the basis of their qualifications, academic record, and merit. Therefore, unless a clear legal defect is established, the judiciary should refrain from interfering in administrative matters.
The court further held that there was no evidence of any illegal act committed by the successful candidates. It added that judicial intervention on the objections of every unsuccessful candidate would undermine the autonomy of public universities.
Allowing the appeal filed by the University of Karachi, the Federal Constitutional Court set aside the Sindh High Court’s judgment and restored the recommendations of the Selection Board as well as the decision of the Syndicate.
