Federal Constitutional Court of Pakistan

The D.G. National University of Modern Languages (NUML) and others v Rahat Mehmood and another

Published on this website

FCPLA No. 1275 of 2026

Citation: Judgment dated 16 September 2026; approved for reporting; reporter citation not stated in the judgment

Pakistan | Constitution of the Islamic Republic of Pakistan, 1973 | Articles 4, 25, 199 and 175F(1)(c)

Background

Background

The FCC upheld NUML's termination of a probationer but held that an employer cannot disguise punitive dismissal as unsatisfactory performance to avoid due process.

Legal questions

Did appointment to a regular vacancy entitle a probationer to reinstatement after termination for unsatisfactory performance, and when does a probation discharge require notice and due process?

Court holding

What the Court decided

A regular vacancy and competitive selection do not confer an automatic right to confirmation. Genuine termination simpliciter for unsatisfactory performance ordinarily differs from disciplinary dismissal. Misconduct-based, punitive or stigmatic termination requires due process, and circumstances may require a fair opportunity to explain the attributed performance.

Final outcome

Final outcome

Petition converted into appeal and allowed; Balochistan High Court judgment dated 31 March 2026 in C.P. No. 254 of 2026 set aside; NUML termination order restored.

Practical effect

What the decision means in practice

Petition converted into appeal and allowed; Balochistan High Court judgment dated 31 March 2026 in C.P. No. 254 of 2026 set aside; NUML termination order restored.

This summary states the immediate effect recorded in the decision. The original judgment and the facts of the particular case remain controlling.

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