Appointment of the Vice Chancellor

—The advice of the Chief Executive is mandatory—while appointing Prof. Dr. Habib-ur-Rehman, the concerned department has neither placed any summary before the Chief Executive nor the advice has been tendered by the Chief Executive for his appointment. Held. The approval of the president, thus was without the advice of the Chief Executive and illegal. Such type of orders can only be taken as recommendatory in nature and after receipt of the same, the department should have processed the file in accordance with the Rules of Business afresh. Further held that approval of the Chief Executive without proper summary was violative of Rules of Business. The Chancellor & others v. Dr. Iqrar Ahmed Khan & others 2019 SCR 985 (D) 2014 SCR 43 ref
—contention that subsequent approval of the Chief Executive has validated the action of appointment, under (MUST) Act, 2014, the President has sole discretion for appointment of the Vice Chancellor, if the advice is not tendered by the Chief Executive. Held. We areafraid to accept this contention of the learned Advocates in presence of Article 7 of the AJ&K Interim Constitution, 1974. Further held—the approval of the President can be treated as only recommendation and further process was to be initiated by the department. The Chancellor & others v. Dr. Iqrar Ahmed Khan & others 2019 SCR 985 (E)
—withoutadvice of the Chief Executive—(MUST) Act, 2014,—Article 7 of the AJ&K Interim Constitution, 1974–contention was that there is no provision in MUST Act, 2014, that the appointment of Vice Chancellor of the university shall be made on the advice of the Chief Executive—Held. that it is clearly stated in Article 7 of the AJ&K Interim Constitution, 1974, that the President has to act on the advice of the Chief Executive in performance of his functions. The Chancellor & others v. Dr. Iqrar Ahmed Khan & others 2019 SCR 985 (F)
— see captions Prof. Dr. Rehmat Ali Khan v. Dr. Syed Dilnawaz Ahmed Gardezi & others 2023 SCR 39 (A, B, C, D & E)