Law: Limitation Act, 1908

Section: 149

Limitation Act (IX of 1908)--- ----First Sched. & Art. 149---Higher Education Commission Ordinance (LIII of 2002), Ss. 4(2), 6, 10, 12, 14 & 19---Higher Education Commission ('HEC'), status of ---Suit for recovery of amount filed by HEC---Limitation---Higher Education Commission is an independent legal entity with an independent legal existence; it cannot be said to be an alter ego of the Federal Government, and thus, would not be governed by Article 149 of the Limitation Act, 1908. Although the Higher Education Commission is owned and funded by the Government, and its Chairperson and members are appointed by the Prime Minister, it is, in the eye of the law, still a separate legal entity and has a separate legal existence. It is its own master and is answerable as fully as any other person or corporation of the State. It is not the Government, nor does it act on behalf of the Government, and as such, does not enjoy any immunity or privileges of the Government. Privy Council in Fox v. Government of Newfoundland 1898 AC 667 and Tamlin v. Hannaford.10 (1950) 1 KB 18 ref. Higher Education Commission is an independent legal entity and has an independent legal existence, and notwithstanding the fact that it is "Government aided" or "Government controlled" or "Government patronised", it cannot be said to be an alter ego of the Federal Government, and thus, would not be governed by Article 149 of the Limitation Act, 1908. JUDGMENT SHAHID WAHEED, J.---This petition for leave to appeal is by the plaintiff, a body corporate constituted under the Higher Education Commission Ordinance No.LIII of 2002, and arises out of its suit for recovery of 47,012/- and Rs.70,725/-. This recovery claim was mainly made on the basis of two documents. The first is an unregistered agreement (Exh.P.4) entered into between respondent No.1 and the petitioner for the award of scholarship for Ph.D studies at Martin Luther University of Halle, Germany, and the second is a registered surety bond (Exh.P.5) signed by respondent No.2. It was alleged that respondent No.1 received the scholarship money, but did not complete the course and returned to Pakistan without the permission of the…

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