Law:

Section:

(a) Constitution of Pakistan-------Art. 199---Constitutional jurisdiction of the High Court---Policy matters of the Executive---Interference by the High Court---Scope---High Court did not enjoy the jurisdiction to interfere in the policy matters of the Executive as it was against the principle of trichotomy of powers---However, the High Court in its jurisdiction under Art.199 of the Constitution could annul an "order" or a "Policy" framed by the Executive, if it was violative of the "Constitution", "law" or was "product of mala fides". Dossani Travels (Pvt.) Ltd. and others v. Messrs Travels Shop (Pvt.) Ltd. and others PLD 2014 SC 1 rel. (b) Hajj Policy and Plan, 2014--- ----Part. 1, Heading 7(III)---Constitution of Pakistan, Art.199---Constitutional petition---Hajj quota---Private Hajj Tour Operators---Exclusion of some Private Hajj Operators from the allotment of Hajj quota---Legality---Contention of petitioners (excluded private operators) was that Hajj Policy-2014 violated the guidelines settled by the Supreme Court of Pakistan in the case of Dossani Travels (Pvt.) Ltd. and others v. Messrs Travels Shop (Pvt.) Ltd. and others (PLD 2014 Supreme Court 1); that quota of 15,000 pilgrims was allotted only to those private operators who were part of Hajj Organizers Association of Pakistan Group ("HOAP"), which allegedly was functional during Hajj in 2013; that exclusion of the petitioners from the allotment of Hajj quota alone was sufficient to establish the mala fide of the Government---Plea of Government that during Hajj-2013, due to unavoidable circumstances the Government utilized its Hajj quota more than its entitlement, thus it entered into a Memorandum of Understanding with HOAP to compensate its members by increasing its allotted quota by 15000 pilgrims for Hajj-2014---Validity---Memorandum of Understanding signed between the Government and HOAP did not mention anywhere that it was being entered into due to the reason that the Government had booked more Hajjis than their allocated quota for Hajj-2013---In Hajj Policy 2014, the Government had declined to offer even a single seat of pilgrim to private tour operators who were not members of HOAP---Hajj…

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