Tuesday, February 21, 2017

The Vice Chancellor,

University of Engineering & Technology,
Lahore.

Subject: - Scrutiny of My Application for the Post of Associate Professor

Sir,

Very humbly it is submitted that applications for faculty positions in different

disciplines were called through an advertisement in national press with closing

date of 07.10.2016. Fulfilling the requirements according to the relevant eligibility

criteria duly notified via UET Notification No. Regu-III/6(86)/07/304, dated

13.06.2007, I applied for the post of Associate Professor in Petroleum and Gas

Engineering Department.

I have learned that I have not been short listed by the Scrutiny Committee for an

opportunity to appear before the upcoming Selection Board due to certain policy

contrary to the eligibility criteria mentioned above. With this understanding

following is submitted.

1. That despite of fulfilling all requirements, I have been declared ineligible for the

post of Associate Professor, Petroleum and Gas Engineering, University of

Engineering & Technology, Lahore, by the Scrutiny Committee, on the report of

Director General (DG), Office of Research, Innovation and Commercialization

(ORIC).

2. According to this report four of my publications have not been counted towards

total number of publications required for the said post i.e. ten (10).

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3. That all the publications claimed for the said post were published in the journals

duly approved by the Higher Education Commission (HEC) of Pakistan for this

purpose.

4. That the decision is made arbitrarily by the DG ORIC in grave violation of the

eligibility criteria duly enacted in 2007 by the competent authority through

statutory process.

5. That according to Article 30(2), Constitution of Islamic Republic of Pakistan,

law supersedes any policy framed contrary to the law (statutes). Hence such

policy has no legal effect.

6. That to my information, on the basis of such a policy, above mentioned four

publications are not considered adequate, which is contrary to the relevant

statutes.

7. That another unlawful act, on the part of DG ORIC, is the retrospective

implementation of self-constructed policy to abridge the fundamental rights of

the applicant. It is submitted that it is gross violation of Article 12, Constitution

of Islamic Republic of Pakistan.

8. That the eligibility criteria for the subject post was enacted in 2007 and since

then, time to time, many applicants have been scrutinized in accordance with

the same, called for interview before the Selection Boards and appointed by the

Syndicate. A policy contrary to the law, for upcoming Selection Board,

tantamount to discrimination hence is in grave violation of Article 25,

Constitution of Islamic Republic of Pakistan.

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 9. That the grounds for the decision made, in this regard, are unlawful, in

violation of the relevant statutes and invasion upon my vested right. In this

regard, couple of references from superior courts of Pakistan are quoted

below:

I. 2005 S C M R 492 (Supreme Court of Pakistan):

“----Retrospectivity---Requirement---Executive orders or notifications,

which confer right and are beneficial, would be given retrospective

effect and those which adversely affect or invade upon vested right

cannot be applied with retrospective effect---“

II. 2013 M L D 1835 (Lahore High Court):

“---According to Art.25 of the Constitution, all citizens for being equal

would be entitled to equal protection of law---Duty of public servants

or department would be to help and not to thwart grant to people of

their rights---Approval of Chief Minister for grant of benefits under

such notification was not necessary---“

It is worth mentioning that not everything is to be settled in the court of law. It is,

therefore, prayed that the issue may kindly be addressed and I may be afforded

with my vested right to appear before the upcoming Selection Board.

Obediently,

Dr. Amanat Ali Bhatti

Assistant Professor,
Department of Petroleum & Gas Engineering.

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