ISLAMABAD - The Supreme Court on Friday announcing the reserved judgment on the appointment of Vice-Chancellor Bahauddin Zakariya University, Multan, case held that the Punjab Governor is bound to act on the advice of the Chief Minister. The judgment authored by Justice Tassaque Jillani states; The Punjab Governor while acting as chancellor is a statutory functionary in terms of section 11(1) of the Bahauddin Zakariya University Act and in the performance of his functions under the Act, he is to act and is bound by the advice tendered by the Chief Minister provided in section 11(8) of the Act read with Article 105 of the Constitution. The Supreme Court on September 23 had reserved its verdict on a petition challenging the appointment of BZU vice chancellor. The section 11(8) of the Act lays down that, in the performance of his functions under the Act, the Chancellor shall act and be bound in the same manner as the Governor of a Province acts and is bound under Article 105 of the Constitution of Islamic Republic of Pakistan. The judgment further noted that the Chancellor/Governor is bound by the timeline given in Article 105 of the Constitution, which was incorporated in the Act by legislative reference. The governor within 15 days may require the Chief Minister or the Cabinet to reconsider the advice and if such a reference/advice is tendered after reconsideration by the Chief Minister, he is bound to act within 10 days of having received it. The court observed that as the Chancellor/Governor of Punjab was to act on the reconsidered advice within 10 days and as more than three months have elapsed since the tendering of reconsidered advice, the same shall be deemed to have been acted upon and the concerned department may issue requisite notification accordingly. The timeline given in Article 105 of the Constitution, within which the Governor is to act, is intended to avoid deadlock and friction between the two Constitutional functionaries, the court noted. The Chief Minister of Punjab having received a panel of three candidates recommended by the Search Committee advised the Governor of Punjab vide Summary dated 25.6.2011 to appoint Dr. Syed Khawaja Alqama as Vice Chancellor of the University. The Chancellor/Governor of Punjab instead of acting on the advice tendered by the Chief Minister, or sending it back to him for reconsideration in terms of Article 105(1) of the Constitution, himself interviewed the panel of three candidates, selected by the Search Committee, and sent a memo to the Chief Minister on 7.7.2011 in purported exercise of appointing Dr. Muhammad Zafarullah as the Vice Chancellor Bahuddin University and gave his own reasons. The governor of a province is a nominee of the President and a symbol of the Federation in the province, whereas the Chief Minister is the chief executive of the province, elected by the Provincial Assembly. The governor while acting as chancellor is a statutory functionary. The court noted that prior to the 18th Amendment no timeline was provided within which the President was to act under the advice of the Prime Minister (Article 48) or the Governor on the advice of the Chief Minister (Article 105). But now the president and the Governor were made time bound. The issue came to the SC after a serious constitutional battle erupted between the two constitutional heads of the Punjab province - Governor Sardar Muhammad Latif Khan Khosa and Chief Minister Shahbaz Sharif over the appointment of BZU Vice Chancellor.