Case Details

Citation(s)
1994 SLG 639 1994 SLD 639 = 1994 MLD 2452

Intra-Court Appeal No.21 of 1992, decided on 17th July, 1994.
Malik Muhammad Qayyum and Khan Riaz-ud -Din Ahmad, JJ

ALI IRTAZA KHAN---Appellant

VERSUS

PRINCIPAL, LAWRENCE COLLEGE GHORA GALI, MURREE and another--- Respondents

Law:

Section:

MALIK MUHAMMAD QAYYUM, J.---This is an appeal under section 3 of the Law Reforms (Amendment) Act, 1972 against the judgment of a learned Single Judge of this Court dated 21-71992 whereby he dismissed W.P. No.324/92 of the appellant holding it to be not maintainable.   In the Constitutional petition out of which this appeal has arisen, the appellant had challenged the order of his expulsion from Lawrence College, Ghora Gali, Murree, where he was a student of 9th Class on account of breach of the College Regulations. It is not necessary to go into the details for, the Constitutional petition filed by the appellant was primarily dismissed by the learned Single Judge without going into the merits on the ground that no Constitutional petition can be maintained against respondent No.1, which was not a person performing functions in connection with the affairs of Federation or Province.   The learned counsel for the appellant has vehemently assailed the view taken by the learned Single Judge as being not correct. According to the learned counsel, Lawrence College, Ghora Gali, Murree is under the administrative control of the Government of Punjab and its affairs are being managed by the Government through a Board of Governors constituted by the West Pakistan Government Educational and Training Institution Ordinance, 1960 (West Pakistan Ordinance No.XI of 1960) and as such it could not be held that it was not a person performing functions in connection with the affairs of the Province. The learned counsel has also referred to the definition of 'person' as appeared in Article 199(5) of the Constitution of Islamic Republic of Pakistan, 1973 to contend that Lawrence College being an Educational Institution would fall within the definition given in the Constitutional provision.   The learned counsel for respondent No.1 has, on the other hand, supported the judgment of the learned Single Judge and has mainly relied upon The Principal, Cadet College, Kohat and another v. Muhammad Shoab Qureshi PLD 1984 SC 170 in support of his case.   Before proceeding to consider the respective contentions of the learned counsel, it would be beneficial to mention…
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