KARACHI: The Sindh High Court has dismissed a petition challenging the reappointment of Dr Nighat Shah as a professor after her retirement.
A division bench led by Justice Adnan-ul-Karim Memon rejected the petition at the preliminary stage.
The court observed that the Sindh cabinet’s decision represented a policy matter. It found no apparent jurisdictional defect or mala fide intent in the decision.
The petition challenged the cabinet’s decision to consider Dr Nighat for reappointment shortly before her retirement. The petitioner also argued that a recruitment process was already underway.
Counsel Naeem Iqbal said post-retirement reappointment was not a vested right. He argued that Dr Maimoona deserved consideration for the professorial position.
However, the court noted that the cabinet had cited public interest, education and research needs while directing consideration of Dr Nighat’s appointment.
Court cites PMDC regulations
The bench clarified that the cabinet’s decision did not itself appoint Dr Nighat to the professorial post.
Therefore, the court said authorities must still follow all legal requirements governing the appointment process.
The bench further cited Pakistan Medical and Dental Council regulations concerning post-retirement retention of faculty members at government institutions.
It said institutions could retain faculty members according to their needs and applicable laws.
Finally, the court observed that Dr Nighat’s reappointment should not affect the promotion or seniority of existing university employees.
