Case Details

Citation(s)
1981 SLG 3245 = 1981 SLD 3245 = 1981 SCMR 802
Supreme Court of Pakistan
Civil Petition for Special Leave to Appeal No, 30 of 1980, decided on 10th March, 1981. (On appeal from the order of the Lahore High Court, dated 30th October, 1979 in W.P. No. 6732/79).
Presented By: Abdul Kadir Shaikh and Shafi -ur-Rehmam, JJ
Petitioner in person. Nemo for
Respondents.

SHAMAUN-Petitioner

VERSUS

THE SECRETARY, EDUCATION, PUNJAB GOVERNMENT, LAHORE AND ANOTHER-Respondents

Law: Martial Law Order, 1972

Section: 5

Law: Constitution of Pakistan, 1973

Section: 199, 185(3)

Martial Law Regulation [C. M. L. A.'s 118 of 1972] Art. 5 and Constitution of Pakistan (1973), Arts. 199 & 185 (3)- Nationalisation of Schools-Effect-Posting of a non-Christian Headmaster in a nationalised school challenged on basis of an unsigned note of an interview with a former President of Pakistan allegedly holding out assurance of Christian institutions being run by Government through Autonomous Boards having effective Christian representation and further on basis of an opinion recorded by Law . , Department of Provincial Government tendering advice to Education Department that attached "property" meant only property attached to nationalised Schools and Colleges-Held Documents referred to even if accepted as authentic have no force of law nor binding on Courts, nor of assistance in interpreting-or applying law-Assurance held out by Executive outside four corners of law-Court process not forum for seeking its recognition or enforcement nor any fundamental right exists with regard to post ing, transfer, or promotion as such.--[Civil services]. Date of hearing : 10th March, 1981.                                                                                                                                         ORDER SHAFI-UR-REHMAN, J.-The petitioner, a Christian social worker, seeks leave to appeal against the judgments of the Lahore High Court whereby a constitutional petition filed by him was dismissed and also a petition seeking review of the dismissal order. 2. The petitioner had challenged by separate writ petitions the nationalization of Christian Educational Institutions under Martial Law Regulation No. 118. While those petitions were pending he instituted yet another petition challenging the posting of respondent No. 2 as Headmaster of Sacred Heart Cathedral High School, and super session, in…
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