Law: Constitution of Pakistan, 1973

Section: 199

Constitution of Pakistan--- ----Art.199---Constitutional petition---Maintainability---Chartered university was aggrieved of his dismissal from a Chartered University---Validity---Maintainability of Constitutional petition against a Chartered University by a member of society was entirely distinct as compared to a person who assailed any order passed by university authorities regarding terms and conditions of his service---Entirely different tests were to be applied in such situations, inasmuch as in the first category it was to be seen as to whether university was performing functions in connection with affairs of the state or not and in the subsequent category maintainability of Constitutional petition was to be determined in relation to nature of service rules / regulations governing terms and conditions of service of aggrieved employees of the University---No statutory rules or regulations of the University governing terms and conditions of service were available justifying interference of High Court in exercise of its Constitutional jurisdiction---Constitutional petition was dismissed in circumstances. Sheikh Nadeem Ahmad v. G.C. University and others 2016 MLD 1966; Aown Abbas Bhatti v. Forman Christian College and 2 others PLD 2018 Lah. 435; Aitchison College, Lahore through Principal v. Muhammad Zubair and another PLD 2002 SC 326 and Anoosha Shaigan v. Lahore University of Management Sciences through Chancellor and others PLD 2007 Lah. 568 ref. Abdul Wahab and others v. HBL and others 2013 SCMR 1383 and Abdul Rashid Khan v. Registrar Baha ud Din Zikrya University 2011 SCMR 944 rel. JUDGMENT SHUJAAT ALI KHAN, JUSTICE:---.--- Through this petition, under Article 199 of the Constitution of Islamic Republic of Pakistan, 1973 the petitioner has assailed vires of letter, dated 29.09.2018, issued by the Rector, Forman Christian College-University, Lahore (FCC-U) whereby he was dismissed from service. 2. On 19.10.2020, during arguments, while replying to a question regarding maintainability of this petition learned counsel for the petitioner referred to judgment of this Court reported as Sheikh Nadeem Ahmad v. G.C. University and others (2016 MLD 1966) whereas…

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