Law: North West Frontier Province Education Code (1934)

Section: 106(ii)

Law: Constitution of Pakistan, 1973

Section: 199

North-West Frontier Province Education Code (1934)--- ----Art. 106(ii)---Constitution of Pakistan, Art. 199---Constitutional petition---Concession in fee---Petitioners had prayed for an appropriate writ directing the authorities to abide by Art.106(ii) of the N.-W.F.P. Education Code, which had provided that when two or more real brothers and sisters would attend the same school or different schools in the Province, only the brother or sister in the highest class would be required to pay full rate of fee; and that the fee payable by the other brothers and sisters would not exceed one half the ordinary rates---Said Code was enacted and compiled under the aegis of Government of N.-W.F.P. in 1934---Code being a set of regulations, had been accepted and acted upon ever since then---Case of the petitioners was that it was binding on all public and private schools; and there could be no exception to that---Stance of the authorities was that since the Code had no statutory sanction, it could not be enforced---Education Code though had not been adapted, but the practice had provided otherwise---Every business relating to the students, had been dealt with under the Education Code---No, objection had been raised at any junction about its efficacy or enforceability-Even if, it was assumed that it had not been given any statutory sanction, but decades and decades old practice had shown that it was not only taken as a time honoured norm, but a law having binding force---Efficacy or enforceability of the Code could not be disputed simply because it tended to deal with the brothers and sisters studying in the same or different schools in the Province with on element of equity or benevolence; nor could it be set at naught or declared ultra vires on any hype rte clinical ground in the exercise of extraordinary equitable discretionary constitutional jurisdiction of High Court at least at the instance of the authorities---Education Code was not a dead letter and had statutory force and could not be declared ineffective or ultra vires, in circumstances. Khan Faizullah Khan v. Government of Pakistan through the Establishment Secretary, Cabinet Secretariat and another PLD 1974 SC…

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