Case Details

Citation(s)
1976 SLG 3057 = 1976 SLD 3057 = 1976 PLD 97
Peshawar High Court
Writ Petition No. 12 of 1976, decided on 9th March 1976.
Presented By: Abdul Hakeem Khan and Abdul Ghani Khan Khattak, JJ
Qazi Mohammad Jamil assisted by S. Safdar Hussain for Petitioner No. 1. Mufti Mohammad Idrees, A: G. for
Respondents Nos. 1 and 2. S. Fakhri Alam for
Respondents Nos. 3 and 4. Mian Mohammad Younas for
Respondent No. 5. S. Masoom Shah for
Respondent No. 6.

Miss KHOLA JABEEN AND 2 OTHERS-Petitioners

VERSUS

GOVERNMENT OF N.-W.F.P. THROUGH SECRETARY, HEALTH DEPARTMENT, PESHAWAR AND 5 OTHERS-Respondents

Law: Constitution of Pakistan, 1973

Section: 199(1) (a) (i), 4, 25, 4, 6, 19, 9, 21

(a) Constitution of Pakistan (1973)  Art. 199 --- Writ jurisdiction --- Law in context of Art 199 --- Not confined to statute law but used in its generic sense as connoting all that is treated as law in country including judicial principles laid down by superior Courts-Mere fact of absence of statutory law or regulations on subject-Cannot take away case out of jurisdiction of High Court under Art. 199.-[Writ]. Fundamental Law of Pakistan by A. K. Brohi, pp. 401 and 402 and Government of West Pakistan and another v. Begum Agha Abdul Karim Shorish Kashmiri P L D 1969 S C 14 Tel. (b) Constitution of Pakistan (1973) Arts. 4 & 25-Equality before law-Equal protection of law--- Government, in democratic set up, making Fundamental Rights justi ciable, cannot, in public matters, make invidious distinctions-Nor can such Government be free to exercise its powers capriciously or whim sically. (c) Constitution of Pakistan (1973) Art. 199(1) (a) (i) read with Arts. 4 & 25 and Fatimah Jinnah Medical College for Women, Lahore, Prospectus for year 1974-75, para 9---Medical College, admission to-Nomination-Government in nominating candidates for admission to Medical College cannot act despotically and throw rules of equity, justice, and good conscience to winds-Government, even in administrative acts, bound in duty to act justly, fairly and reasonably-Failure in such direction-Renders act invalid in law. Syed Hadi Ali v. The Government of West Pakistan and others P L D 1956 Lah. 824; Abdul Aziz v. Muhammad Ali and others P L D 1967 Lah. 762 and The Presiding Officer v. Sadruddin Ansari and others P L D 1967 S C 569 Tel. Naseem Mahmood v. Principal, King Edward Medical College, Lahore and others P L D 1965 Lah. 272 and Om Parkash Dhari and others v. The State of Punjab A I R 1951 Pb. 93 distinguished. (d) Constitution of Pakistan (1973) Art. 199(1) (a) (i) read with Arts. 4 & 25 and Fatima Jinnah Medical College for Women Prospectus for year 1974-75, paras 4, 6, 9, 19 & 21-Admission to Medical Colleges-Authorities concerned with College and admission of candidates laying much emphasis on merits in select ing candidates for admission-College Prospectus never…
🔒
Continue readingLogin or create an account to access the complete content.Login / Register