Case Details

Citation(s)
2019 SLG 3410 2019 SLD 3410 2019 SCMR 1132
Supreme Court of Pakistan
Civil Appeals Nos. 1095-1097, 134-L, 1021-1026, 1138,1154-1158, 1486 and 1487, and Civil Petitions Nos. 4475,4476 of 2018 and 1362 of 2019 and Criminal OriginalPetitions Nos. 14, 18, 25, 26 and Civil Review PetitionsNos. 16, 17, 20, 37-49, 77, 127-133
ASIF SAEED KHAN KHOSA, CHIEF, JUSTICE, FAISAL ARAB, JUSTICE, IJAZ UL AHSAN, JUSTICE
In attendance: Shahid Hamid, Senior Advocate Supreme Court, Makhdoom Ali Khan, Senior Advocate Supreme Court, Faisal Siddiqui, Advocate Supreme Court, Aftab Alam Yasir, Advocate Supreme Court, Hassan Nawaz Makhdoom, Advocate Supreme Court, Hamid Ali Shah,

PETITIONER(S): MOHAMMAD IMRAN AND OTHERS

VS

RESPONDENT(S): PROVINCE OF SINDH THROUGH CHIEF SECRETARY AND OTHERS---RESPONDENTS

Law: Punjab Private Educational Institutions (Promotion and Regulation) Ordinance, 1984

Section: 7-A

Law: Constitution of Pakistan, 1973

Section: 18,23,24,25A

Law: Sindh Private Educational Institutions (Regulation and Control) Rules, 2005

Section: 10

Law: Sindh Private Educational Institutions (Regulation and C

Section: 15(2)(b)

Per Ijaz ul Ahsan, J; Asif Saeed Khan Khosa, C.J. agreeing; Faisal Arab, J dissenting (only to the extent of Rule 7(3) of the Sindh Private Educational Institutions (Regulation and Control) Rules, 2005) (a) Punjab Private Educational Institutions (Promotion and Regulation) Ordinance (IV of 1984)--- ----S. 7-A [as amended by the Punjab Private Educational Institutions (Promotion and Regulation) (Amendment) Act (VIII of 2017)]---Constitution of Pakistan, Arts. 18, 23, 24 & 25A---Private schools in province of Punjab---Academic fees, increase in---Section 7-A of the Punjab Private Educational Institutions (Promotion and Regulation) Ordinance, 1984, (the Ordinance) vires of---Section 7-A of the Ordinance was intra vires the Constitution and did not violate Arts. 18, 23, 24 or 25-A thereof. [Majority view] (b) Sindh Private Educational Institutions (Regulation and Control) Rules, 2005--- ----R. 10---Sindh Private Educational Institutions (Regulation and Control) Ordinance, 2001 (II of 2002), S. 15(2)(b)---Constitution of Pakistan, Arts. 18, 23, 24 & 25A---Private schools in province of Sindh---Minimum salary and allowances of a full-time teacher with twelve months of continuous service---Rule 10 of the Sindh Private Educational Institutions (Regulation and Control) Rules, 2005 (the Rules), vires of---Rule 10 of the Rules was intra vires the Sindh Private Education Institutions (Regulation and Control) Ordinance, 2001, and the Constitution. [Majority view] Bushra Jabeen and 367 others v. Province of Sindh through Chief Secretary and others 2018 MLD 2007 affirmed. (c) Punjab Private Educational Institutions (Promotion and Regulation) Ordinance (IV of 1984)--- ----S. 7-A [as amended by the Punjab Private Educational Institutions (Promotion and Regulation) (Amendment) Act (VIII of 2017)]---Sindh Private Educational Institutions (Regulation and Control) Rules, 2005, R. 7(3)---Sindh Private Educational Institutions (Regulation and Control) Ordinance, 2001 (II of 2002), S. 15(2)(c)---Constitution of Pakistan, Art. 18---Private schools in provinces of Punjab and Sindh---Academic fees, increase in---[Per Ijaz ul Ahsan, J (Majority view): All interim orders passed during the…
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