Case Details

Citation(s)
2013 SLG 2961 2013 SLD 2961 2013 PLD 476
Lahore High Court
Writ Petition No. 16961 of 2012, decided on 15th January, 2013.
MRS. AYESHA A. MALIK, J
Hafiz Tariq Naseem for Petitioner. Ch. Amir Rehman for
Respondent No. 5. Shahzad Shaukat for Punjab University. Aatir Mahmood for
Respondent No. 1.

TAHIR RIAZ CHAUDHRY

VS

CHANCELLOR, UNIVERSITY OF THE PUNJAB, Lahore and 3 others

Law:

Section:

(a) Constitution of Pakistan--- ----Art. 199---Writ of certioraie---Petition for writ of certiorari could be filed by an "aggrieved person". (b) University of the Punjab Act (IX of 1973)--- ----Ss. 11-A, 11(8), 10(i), 11(1) & 11(2--6)---Constitution of Pakistan, Art.105---Functions of Chancellor of the Punjab University (Governor of the Province)---Advice of Chief Minister---Governor of the Punjab as Chancellor of the University was an "officer of the University"---Chancellor would act and be bound in the same manner as Governor of a Province would act and was bound under Art.105 of the Constitution. (c) University of the Punjab Act (IX of 1973)--- ----S. 11(8)---All functions performed by the Chancellor of the University were either executive or judicial and there was no legal basis upon which, the functions of the Chancellor could be so distinguished. (d) University of the Punjab Act (IX of 1973)--- ----S. 11(8)---Constitution of Pakistan, Art.105---Functions of Chancellor (Governor of the Province)---Advice of Chief Minister---Chancellor of the University (Governor), while performing his functions, was bound in the same manner as the Governor of the Punjab---Article 105 of the Constitution provided that the Governor, while performing his functions would act on and in accordance with the advice of the Chief Minister and said Article did not distinguish the functions of the Governor. Messrs Norwich Union Fire Insurance Society Ltd. v. Muhammad Javed Iqbal and another 1986 SCMR 1071 ref. (e) University of the Punjab Act (IX of 1973)--- ----Ss. 11-A & 11(8)---Constitution of Pakistan, Art.105---Functions of Chancellor (Governor of the Province)---Advice of Chief Minister---Powers and functions of the Chancellor of the University were subject to the advice of the Chief Minister as provided by the Constitution and Constitution had not drawn any distinction between the executive and judicial functions of the Governor, hence no distinction would be read into S.11(8) of the University of the Punjab Act, 1973---To read the distinction, drawn with reference to the functions of the Chancellor, in S.11(8) of the Act, would go against the mandate of Art.105 of the…
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