Law:

Section:

Martial Law Regulation, 1972 [C. M. L. A.'s]-- -- No. 118, paras. 7(2) & 13 read with Punjab Nationalised Schools (Men and Women Sections) Teaching Posts Rules, 1974 -R. 4(1)-Provisions of M. L. R. 118-Empower Government to frame rules governing fixation of scales of pay--Determination of status of teachers of nationalised schools-Not covered by M. L. R. 118-Rules to extent of determining status, held, ultra vires-Rules framed under powers conferred by M. L. R. 118-Could not be deemed to have been framed under Punjab Civil. Servants Act, 1974--Status of such teachers protected under para. 13 of M. L. R.118 could not be affected by rules framed under M. L. R. 118-Equating Headmasters of High Schools with Senior English Teachers and Headmasters of Middle Schools and Assistant Professors, Professors and Principals as Lecturers-Held, ultra vires provisions of M. L. R. 118-Persons appointed as Headmasters of institutions before nationalization only as stopgap arrangement or in their own pay and scale-Not entitled to be protected under para. 13 of M. L. R. 118-Persons lacking requisite qualifications prescribed for Head­masters or Senior English Teachers for Government Schools-Have no right to continue as Headmaster/Headmistress nor could have any grievance if appointed as Senior English Teachers in accordance with specified terms and conditions. Fazal Elahi Ejaj v. Government of Punjab P L 131977 Lah. 549 ref. P L D 1958 Lah. 180; P L D 1977 Lah. 549 ; P L D 1961 S C 605 P L D 1975 S C 106 ; P L D 1964 S C 673 ; P L D 1965 Lah. 147 P L D 1974 S C 124 ; P L D 1973 S C 230 and P L D 1952 Lah. 31 ref. JUDGMENT M. SALEEM CHAUDHRY (CHAIRMAN). -These 52 appeals, 24 of college teachers and 28 of school teachers of the Nationalized Schools and Colleges under MLR 118 by the Government of the Punjab involve the common question of law and facts and, therefore, disposed of by this single/consolidated judgment. 2. Briefly, the relevant facts of the case are that on 15th of March 1972, the Government of Pakistan announced its educational policy unfolding the scheme for the nationalization of the privately managed College and Schools in the country. It was, followed by M. L. R.…

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