Law:

Section:

(a) Constitution of Pakistan--- ----Art. 199---Constitutional petition seeking, writs in the nature of ceriorari, mandamus or prohibition by a person not claiming any relief for him or not being an aggrieved person---Maintainability---Such petition would not be maintainable as relief of the kind stipulated in Art.199(1)(a)(i) & (2) of the Gonstitution could not be granted to such person. (b) Constitution of Pakistan-- ----Art.199(1)(b)(ii)---Writ of quo warranto, issuance of---Scope---Essential conditions stated. Writ of quo warranto can only be issued in respect of a public office. Public office means an office which involves delegation of some of the sovereign functions of the Government either executive, legislative or judicial to be exercised by the holder for the public benefit. Unless he has powers of this nature he is not a public officer'. Both at the time of institution of the writ petition and on the date of decision it must be shown that the holder suffered from any disqualification to hold the public office. The court may test bona fides of the relator to see if he has come with clean hands. A writ of quo warranto is not to be issued as a matter of course on sheer technicalities on a doctrinaire approach. Even civil servant or every person in the service of Pakistan does not necessarily hold a public office. If the office is of a very petty nature the court may refuse to grant the writ. In order to maintain a writ of quo warranto the petitioner need not to be an aggrieved person. Salahuddin and 2 others v. Frontier Sugar Mills and Distillery Ltd. Tokht Bhai and 10 others PLD 1975 SC 244; Allah Ditta v. Muhammad Munir and others PLD 1966 (W.P.) Lah. 770; Masudul Hassan v. Khadim Hussain PLD 1963 SC 203; Sardar Asseff Ahmed Ali v. Muhammad Khan Junejo and others PLD 1986 Lah. 310; AIR 1952 Nag. 330 and Dr. Azim-ur-Rehman Khan Meo v. Government of Sindh and another 2004 SCMR 1299 rel. (c) Constitution of Pakistan--- Art.199(1)(b)(ii)---Writ of quo warranto---Scope---Introduction of scholarship scheme in University ,to strengthen its infrastructure---Selection- of respondent-lecturer for awarding him scholarship for undertaking studies leading to…

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