Law: Privately Managed School and Colleges (Taking Over) Regulations (118 of 1972)

Section: 12-B

Law: Civil Procedure Code (V of 1908)

Section: 12(2)

Law: Limitation Act, 1908

Section: 173,181

Law: Constitution of Pakistan, 1973

Section: 199,269

(a) Privately Managed School and Colleges (Taking Over) Regulations (118 of 1972)--- ---- Para-4 & 5 & Rgln. 12-B--- Constitution of Pakistan, Art. 269---Nationalization of educational institution--- Dispute was with regard to educational institution in question which was originally owned by Christian missionaries but was later on nationalized by government--- Petitioner claimed to be Chairman of new Board of Governors of college in question duly appointed by Christian community--- Provincial Government sought setting aside of passed earlier in Constitutional petition--- Validity--- Institution in question was a nationalized and autonomous institute pursuant to Privately Managed School and Colleges (Taking Over) Regulations, 1972 which was validated as per Art. 269 of the Constitution--- Affairs of institution were properly managed by Board of Governors headed by Governor of the province--- Newly constituted Board of Governors for running affairs of college was without lawful authority and thus nullity in eyes of law--- Any decision taken pursuant thereof would also have no legal or binding effect--- Petition was dismissed in circumstances. (b) Constitution of Pakistan--- ---- Art. 199--- Civil Procedure Code (V of 1908), S. 12(2)--- Limitation Act (IX of 1908), Art. 181--- Constitutional petition--- Setting aside of --- Limitation--- Dispute was with regard to educational institution in question which was originally owned by Christian missionaries but was later on nationalized by government--- Provincial Government assailed dated 22-03-2016 passed by High Court in an earlier petition on the subject--- Plea raised by authorities was that petition was barred by limitation--- Validity--- Application under S.12(2) C.P.C. of Provincial Government was well within time in view of Art.181 of Limitation Act, 1908 which provided three years of period of time for filing such application--- High Court set aside its earlier dated 22-03-2016 and restored that to its original number to be decided afresh on its own merits as subject matter of same was only a contest between two individuals for office of Principal of institution in question--- Other issues including status of…

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