Law: Government College University Lahore Ordinance, 2002

Section: 9,11,11A,12,13,14,15,17,20,21,26,29,34,4 0,49,Preamble

Law: Constitution of Pakistan, 1973

Section: 105,139,199

Mian Abdul Qadoos for Respondents. Government College University, Lahore Ordinance (XLVIII of 2002)--------- ----------Ss. 9, 11, 11-A, 12, 13, 14, 15, 17, 20, 21, 26, 29, 34, 40, 49 & Preamble---------Constitution of Pakistan Arts.199, 105 & 139---------Rules of Business (Punjab), R.3---------Expression 'person' under Art.199 of the Constitution---------Scope---------'Function test'---------Applicability---------Administrative and financial control of G. C. University by Government of the Punjab---------Effect---------Preliminary objections raised in the constitutional petitions were whether constitutional petitions were maintainable under Art.199 of the Constitution against the Government College University, Lahore---------Held, University had direct nexus with litmus test/'function test' that was if the University was under administrative and financial control of the Government or performing functions for the benefit of the public and not for private gain or profit, then the University fell within the definition of 'person' under Art.199 of the Constitution---------Government of the Punjab had made the Rules of Business under Art.139 of the Constitution and Government College University, Lahore was specified therein---------Government College University, Lahore therefore, was not only an attached institution of the Government of the Punjab, Higher Education Department, but the laws and rules of the University were also administered by Punjab Higher Education Department---------Governor of the Punjab, being the Chancellor of the University, was the final authority-------G.C. University was, thus, a 'person' within the meaning of Arts.199(5) and 199(1)(c) of the Constitution---------Constitutional petitions were maintainable---------Principles. Anoosha Shaigan v. Lahore University of Management Sciences through Chancellor and others PLD 2007 Lah. 568 distinguished. Shafique Ahmed Khan and others v. Nescom through Chairman, Islamabad and others PLD 2016 SC 377 and Haroon-ur-Rashid v. Lahore Development Authority and others 2016 SCMR 931 ref. Pakistan Defence Officers' Housing Authority and others v. Lt.-Col. Syed Jawaid Ahmed 2013 SCMR 1707;…

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