Law: Constitution of Pakistan, 1973

Section: 199

(a) Constitution of Pakistan--- ----Art. 199---Constitutional petition---Maintainability---Expression 'person', occurring in Art.199 of the Constitution---Test---Educational Institution---Appointment on the basis of contract---Scope---Employer-University was neither receiving funds from the Federal Government nor Federal Government had any management control over the same---Constitutional jurisdiction could be invoked only against the 'person'---University was not "person" as Federal Government or a Provincial Government had neither any financial nor administrative and management control over it---Satisfaction of the test for a 'person' was a pre-condition for assumption of jurisdiction under Art.199 of the Constitution---Appointment of petitioner was on the basis of contract which was ultra vires---Petitioner had accepted the terms and conditions of contract and had not raised any objection---Constitutional jurisdiction of High Court could be exercised in rare and exceptional cases when relief being sought was against educational institution---Educational institution was the best judge of the interests of students and ought to be allowed to act as it might deem appropriate---Educational institution was to safeguard and ensure the discipline of students and ability of faculty which should not be eroded---Litigation had adverse effects on the impressionable minds of students enrolled in the institution---Jurisdiction of High Court under Art.199 of the Constitution was equitable and discretionary in nature---Present constitutional petition was not maintainable as University was not a "person" on the touchstone of the "function test"---Constitutional petition was dismissed in circumstances. Pakistan Defence Officers Housing Authority and others v. Lt. Col. Syed Jawaid Ahmed and others 2013 SCMR 1707 ref. Pakistan Defence Officers Housing Authority and others v. Lt. Col. Syed Jawaid Ahmed and others 2013 SCMR 1707; PLD 2002 SC 326; Pakistan International Airlines Corporation v. Tanweer ur Rehman PLD 2010 SC 676; Anoosha Shaigan v. Lahore University of Management Sciences through Chancellor and others PLD 2007 Lah, 568; The University of Dacca v. Zakir Ahmed PLD…

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