Law: Constitution of Pakistan, 1973

Section: 199

Law: University of Peshawar Act, 2011, (I of 2012)

Section: 23,11(3)

(a) Constitution of Pakistan--- ----Art. 199--- Constitution petition--- Maintainability--- Scope---'Aggrieved person'---Locus standi---Scope---Seeking writ of `Quo warranto' or 'Habeas corpus', locus standi of such person is not decisive regarding maintainability of petition, so filed; it is only with regard to writ of 'Mandamus', `Prohibition' and 'Certiorari' that locus standi of person seeking the same would be relevant and crucial in regarding maintainability of petition. (b) University of Peshawar Act, 2011, (I of 2012)--- ----Ss. 23 & 11(3)---Constitution of Pakistan, Art.199---Constitutional petition---Pro bono publico---Land of university, protection of---University of Peshawar was given 83 acres of land on lease to establish Center for Plant Biodiversity but subsequently provincial government resumed major portion of land and leased out to some other institutions---Petitioner was association of teachers of Peshawar University who were aggrieved of the decision of provincial government---Plea raised by authorities was that petitioner did not have any locus standi to file petition---Issue of 'standing' of person being `aggrieved' of a decision, was not to be narrowly or strictly viewed---Phenomenon of `whistle blowers' and socially active and aware citizens voicing their concern regarding action and inaction of executive had developed as a recognized criterion of `standing'---Syndicate of University was vested under S.23 of University of Peshawar Act, 2011, to determine matters relating to property of the University---High Court showed great concern over silence and inaction of Vice-Chancellor, in view of powers vested in him under S.11(3) of University of Peshawar Act, 2013, to take up matters, even where it was beyond his mandate---High Court expected much from Vice-Chancellor, when valuable rights of the University were being taken by Executive authority of the Province---High Court observed that action of Chief Minister without providing any hearing to the University and step taken in pursuance thereof was illegal and without lawful authority and directed the Vice-Chancellor of University of Peshawar to place proposal of Chief Minister before…

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