Law: Punjab Government Rules of Business, 2011

Section: 3

Law: Constitution of Pakistan, 1973

Section: 199

Punjab Government Rules of Business, 2011--- ----R.3 First Sched., Entry No. 16---Constitution of Pakistan, Art.199---Constitutional petition---Allocation of business---Higher Education Department---Board of Intermediate and Secondary Education---Scope were aggrieved of non-affiliation of their schools by the Board of Intermediate and Secondary Education (Board) for the year 2019-2020---Contention of petitioners was that they were discriminated as schools of nearby locality were given affiliation---Contention of Board was that the petitioner had applied for affiliation without fulfilling pre-requisites of Cl. 10, S.3 of the Regulations Calendar Volume 1 of the Board of Intermediate and Secondary Education---Validity---High Court observed that since the matter was with regard to discrimination and non-compliance of regulations was involved which could not be dealt with by the court at this stage because under the Punjab Government Rules of Business, 2011 (Rules), the Board was an autonomous body of the Higher Education Department as per First Schedule of the Rules, therefore, Constitutional petition was disposed of in terms that impugned letter was set aside---Matter was remitted to the Secretary Higher Education Department who was directed to pass a speaking order based on solid reasoning strictly as per law. Al-Bakio International through Authorised Officer and 5 others v. Federation of Pakistan through Secretary. Ministry of Law and Justice and 8 others PLD 2021 Lah. 1; Fiaqat Hussain and others v. Federation of Pakistan through Secretary, Planning and Development Division, Islamabad and others PLD 2012 SC 224 and in the matter of Miserable Condition of the Schools 2014 SCMR 396 ref. ORDER C.M. No.753 of 2021 and Main Case JAWAD HASSAN, JUSTICE:---.--- The heart of controversy involved in this petition is the discrimination meted out with the Petitioners on the part of the Respondents in non-registering Petitioners schools namely Iqra Higher Secondary School for Boys, Gujar Khan and Iqra Higher Secondary School for Girls, Gujar Khan (the “Schools”) for the year 2019-2021. 2. The Petitioners have invoked the constitutional jurisdiction of this Court under…

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