| Citation(s) |
|---|
| 2021 SLG 120 2021 SLD 120 2021 CLC 28 |
Peshawar High Court
Writ Petition No. 662-A of 2020, decision Dated: 20th May, 2020.
SHAKEEL AHMAD AND AHMAD ALI, JUSTICE
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Writ Petition No. 662-A of 2020, decision Dated: 20th May, 2020.
SHAKEEL AHMAD AND AHMAD ALI, JUSTICE
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CHAIRMAN PRIVATE (EDUCATION) NETWORK (PEN) MANSEHRA, THROUGH MD MANSEHRA-
VS
GOVERNMENT OF KHYBER PAKHTUNKHWA THROUGH SECRETARY ELEMENTARY AND SECONDARY EDUCATION DEPARTMENT AND 4 OTHERS
Law: Constitution of Pakistan, 1973
Section: 199
Constitution of Pakistan---
----Art.199---Constitutional petition---Maintainability---Educational institutions---Lock down---Closure of educational institutions due to corona virus lock down---Said institution (petitioner) seeking compensation from the Provincial Government---Scope---Contention of petitioner was that educational institutions were suffering hardship and Provincial Government should compensate the schools---Validity---Private schools alone were not suffering due to the lockdown imposed by the Government---Business sectors of country had affected due to the current outbreak of virus---Government had imposed restrictions for the safety of public-at-large---High Court could not interfere in the policy matters of Government---No mala fide, favouritism and arbitrariness had been pointed out by the petitioner on behalf of Government while passing impugned directions---No right of petitioner had been violated due to impugned orders passed by the authorities---High Court under constitutional jurisdiction could annul an order or a policy framed by the Executive, if same was violative of Constitution, law or was product of mala fide had failed to point out infringement of any legal right, violation of the Constitution or mala fide on the part of Government while passing the impugned restrictions---Constitutional petition was dismissed in limine, in circumstances.
Asif Fasihuddin Khan Vardag v. The Government of Pakistan and others 2014 SCMR 676; 2012 SCMR 455; 2014 CLC Lah. 1766; 2014 SCMR 111 ref.
----Art.199---Constitutional petition---Maintainability---Educational institutions---Lock down---Closure of educational institutions due to corona virus lock down---Said institution (petitioner) seeking compensation from the Provincial Government---Scope---Contention of petitioner was that educational institutions were suffering hardship and Provincial Government should compensate the schools---Validity---Private schools alone were not suffering due to the lockdown imposed by the Government---Business sectors of country had affected due to the current outbreak of virus---Government had imposed restrictions for the safety of public-at-large---High Court could not interfere in the policy matters of Government---No mala fide, favouritism and arbitrariness had been pointed out by the petitioner on behalf of Government while passing impugned directions---No right of petitioner had been violated due to impugned orders passed by the authorities---High Court under constitutional jurisdiction could annul an order or a policy framed by the Executive, if same was violative of Constitution, law or was product of mala fide had failed to point out infringement of any legal right, violation of the Constitution or mala fide on the part of Government while passing the impugned restrictions---Constitutional petition was dismissed in limine, in circumstances.
Asif Fasihuddin Khan Vardag v. The Government of Pakistan and others 2014 SCMR 676; 2012 SCMR 455; 2014 CLC Lah. 1766; 2014 SCMR 111 ref.
ORDER
AHMAD ALI, JUSTICE:-----
Through the instant constitutional petition, the petitioners pray that:-
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