Law: General Clauses Act (X of 1897)

Section: 21 , 199

  General Clauses Act (X of 1897)--- ----S.  21---Constitution  of  Pakistan  (1973),  Art. 199---Constitutional petition-- Locus poenitentiae, principle of---Authorities retracing their steps when valuable rights had accrued to petitioner---Validity---Petitioner having applied for scholarship for studying abroad, was communicated approval of scholarship by Authorities-'--Such approval appeared to be unequivocal with no condition attached and on the strength of such approval petitioner was issued certificate for grant of scholarship to him alongwith air ticket---Petitioner being in Government  service  had  obtained  study  leave  and No-Objection  Certificate  duly  approved  by Governor-Petitioner, on arrival at the place of his destination was initially paid one month's allowance by the High Commission of Pakistan 'and subsequently a substantial amount as yearly allowance-- Petitioner had by now completed his first term of study course in the relevant field---Decision granting scholarship to petitioner had thus, been given effect to and decisive step had been taken thereby creating valuable right in favour of petitioner---Authorities thus, did not possess locus poenitentiae to recall the orders when the same had taken effect due to any error made by the Authorities and when petitioner was not in any manner guilty of misrepresentation or suppression of material facts.---[Locus poenitentiae]. Pakistan v. Muhammad Himayatullah PLD 1969 SC 407; Muhammad Aslam Khaki v. Vice-Chancellor; Gomal University, 0.1. Khan PLD 1980 Pesh.128 and Ghulam Mustafa v. Islamic Republic of Pakistan 1982 CLC 1665 ref.   Wali Muhammad v. Sakhi Muhammad 1974 SCMR 106 ref. Constitution of Pakistan (1973)--- ----Art.  199---Vested  right---Recalling  of  vested right---Effect---Vested right was created in favour of petitioner when Authorities granted him foreign scholarship for studying abroad in the field of medicines---Such scholarship was reserved for doctors in medicines domiciled in Federally Administered Tribal Areas---Petitioner was granted study leave and…