Law: Government College University Lahore Ordinance, 2002

Section: 7,9,10,12,13,19,20,21,26(2),33,40,42&49

Law: Constitution of Pakistan, 1973

Section: 199

ORDER This order will decide preliminary objection raised by respondents to the maintainability of instant constitutional petition as well as W.P.No.24245 of 2015, W.P.No.33902 of 2015, W.P.No.7958 of 2016 & W.P.No.10494 of 2014 filed against Government College University, Lahore (GC University). 2. The above referred writ petitions are filed against G.C University under Article 199 of the Constitution of Islamic Republic of Pakistan, 1973 (Constitution). Learned counsel for G.C. University raised preliminary objection that these writ petitions are not maintainable because G.C. University is not a "person" within the meaning of Article 199 of the Constitution as it is not performing functions in connection with the affairs of federal or provincial governments. He argued that Government must have absolute, unfettered and exclusive financial and administrative control over particular organization for the purpose of maintainability of constitutional petition. Submits that as Government has no financial and administrative control over G.C. University therefore, writ petition is not maintainable. To elaborate he submits that though G.C University has been established under "The Government College University Lahore Ordinance, 2002 (Ordinance) however, under Section 3(5)(6) & (7) of the Ordinance, the G.C. University is an independent body corporate competent to acquire and hold property. Similarly Section 4(b)(c)(i)(j)(L)(m) and (aa) of the Ordinance prescribe powers of the G.C. University which are independent of government control. He also referred to Sections 7, 9, 10, 12, 13, 19, 20, 21, 26(2), 33, 40, 42 & 49 of the Ordinance to argue that the affairs of G.C. University are run and controlled by Syndicate and Vice Chancellor who are independent of Government. Submits that though Governor of Punjab is Chancellor of University but he is only ceremonious head and actual control is with Syndicate, which is independent. He concludes that the case of G.C. University is at par with case of Lahore University of Management Sciences (LUMS), decided in "ANOOSHA SHAIGAN VS LAHORE UNIVERSITY OF MANAGEMENT SCIENCES through Chancellor and others " (PLD 2007 Lahore…

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