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
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
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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Related article
Related article
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.
Read the related article →