NAIMAT ULLAH and others Versus GOVERNMENT OF THE PUNJAB
The petitioners, appointed as lecturers in Municipal Degree College, Burewala in 1964, challenged a Government of Punjab notification dated 19-3-1977 regarding the upgrading and allocation of posts for Assistant Professors and Professors following the nationalization of the college. They contended that the notification violated the terms of nationalization and provincialization and unlawfully discriminated against the staff of provincialized and nationalized colleges by allocating only two posts of professors to provincialized colleges instead of the eleven posts to which they were allegedly entitled. The core legal question concerned whether the notification discriminating against the staff of nationalized and provincialized colleges regarding the allocation of upgraded posts was lawful. The Supreme Court granted leave to appeal to examine the contention regarding discrimination and contravention of the nationalization scheme, holding that the petition raised substantial questions requiring a full hearing and ordering leave upon payment of security.
- Whether the government notification allocating upgraded posts contravenes the terms of nationalization of colleges?
- Does the allocation of a disproportionate number of professor posts to provincialized colleges amount to unlawful discrimination against their staff?
ORDER
MUSHTAQ HUSSAIN, J.-- The petitioners were appointed lecturers in the Municipal Degree College, Burewala in 1964. This college was nationalized alongwith all others vide Notification Annexure 'A'. A Notification was issued by the Government of Punjab on 19-3-1977 whereby sanction was accorded to the upgrading of 93 posts of Assistant Professors in N.P.S. 18 as Professors in N.P.S. 19 and 72 posts in N.P.S. 17 as Assistant Professors in N.P.S. 18 w,e,f, 1-9-1976. Only two posts of professors were allocated to the provincialized colleges as against 11 which they were entitled to.
2.It is contended that this Notification is in contravention of the nationalization and provincialization of these colleges and discriminates against the staff of the provincialized and nationalized colleges which A is not in accordance with law. Leave to appeal is granted on payment of security of Rs,2,000.