Law:

Section:

Constitution of Pakistan--- ----Art. 199--- Constitutional petition--- Maintainability--- Private institution---Respondent being private medical institution---Constitutional petition did not lie with regard to the institutions/bodies which did not have statutory rules or against private entities---Respondent, in the present case, was a private organization and was being run without any statutory rules---Relief under Article 199 of the Constitution was a public law remedy which was not available as remedy against private wrongs---Constitutional jurisdiction could be used for enforcement of Fundamental Rights of the citizen connected with public functionaries or to compel the public/statutory authorities to discharge their duties and to act within their bounds or to refrain them from an act beyond their domain---Constitutional jurisdiction was equipped to serve as judicial control over the administrative actions---Constitutional petition was not maintainable for resolution of private dispute---Respondent being not a person performing function in connection with the affairs of Federation or Province and was not controlled under statutory rules---Constitutional petition was not maintainable and was dismissed in limine. Pakistan Red Crescent Society and another v. Syed Nazir PLD 2005 SC 806 and Praga Tools Corporation v. Shri C.A. Imanual and others AIR 1969 SC 1306 rel. THIS JUDGMENT DELIVERED BY: ZAHEER-UD-DIN KAKAR, JUSTICE:---.--- Through this Constitutional Petition under Article 199 of the Constitution of the Islamic Republic of Pakistan, 1973 "the Constitution", the petitioner has made the following prayer: "It is accordingly respectfully prayed that this Hon'ble Court may declare the act of respondents Nos.2 to 4 is illegal and unlawful and without jurisdiction and declare the admission of respondent No. 5 in MBBS academic year 2015-16 in the institution of respondent No. 4 is void ab initio and set aside the same and direct the respondents Nos.2 and 4 to admit the petitioner in MBBS for academic session 2015-16 in the institution of respondent No. 4 (QIMS), in the interest of justice, equity and fair play." 2. Perusal of the record shows that on 6.6.2016,…

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