Law: Constitution of Pakistan 1973

Section: 185(3), 212

Law: Privilege- Evidence Act (1 of 1872)

Section: 115

(a) Privately Managed Schools and Colleges (Taking Over) Regulation [M. L. R.118 of 1972] Paras. 4 & 7(2) read with Constitution of Pakistan (1973).Art 185(3)-Appointment letter showing petitioner's appointment having been not only temporary but also for a fixed period-Competent authority thereafter not' making any renewal of appointment M. L. R. 118, held, does not come to petitioner's rescue. (b) Evidence Act (1 of 1872) S--. 115-Estoppel-Principle of estoppel, held, a question of fact in a given situation competent authority not shown to have further permitted petitioner to continue on post independently of Court proceedings and stay orders passed-No question of estoppel in circumstances involved. (c) Constitution of Pakistan (1973) Art. 212-Leave to appeal-Involvement of a question of law of public importance requiring examination--Held: Alone could justify leave to appeal under Art. 212. Date of hearing : 16th December, 1979.                                                                                                                       ORDER SHAFI-UR-RERMAN, J.-The petitioner seeks leave to appeal under Article 212 of the Constitution. 2. The facts of the case, in brief, arc that the petitioner was a qualified teachers and applied for appointment in a privately managed educational institution, namely Anjuman Sulemania Junior Model School. An appointment letter dated 9-3-1972 was issued to her and. the decision of the Management of the institution, as contained in the minutes and as communicated to her in the appointment letter, was that the appointment was with effect from 8-4-1972 till summer vacation. The summer vacation started on 8-6-1972 and she took over the appointment on 9-4-1972. 1n the meantime, came to be promulgated M. L. R. 118 and under that the Managers and owners of privately managed colleges were prevented from employing or…