Case Details

Citation(s)
1982 SLG 800 1982 SLD 800 1982 PLD 411
Lahore High Court
Writ Petition No. 395 of 1982, decided on 4th April, 1982.dates of hearing: 13th and 17th March, 1982
GUL MUHAMMAD .KHAN, J
Muhammad Amin Butt for Petitioner. Ch. Muhammad Faroog for
Respondents

REHMATULLAHervsUNIVERSITY OF THE PUNJAB AND others--Respondents

Law:

Section:

(a) University of the Punjab Act (IX of 1973)- Ss: 150)(3), 28(2)(c) & 32(1), (2) and Emergency Regulations framed by Vice---Chancellor,, reglns. 9 & 12-Admission to Law College­ Vires of Regulations-Vice-Chancellor though can act in emergency and take such action as maybe necessary yet he has thereafter to report such action, for approval to officer, authority, or other body, who or which, in ordinary course would have dealt with same-Action thus taken could either be approved or rejected-Vice--Chancellor's action in such regard stipulates (i) emergency, (ii) action, and (iii) approval by competent authority-Petitioner refused admission to Law College evening classes on ground of not being an employee of Government, semi-Government or a statutory body-No emergency shown but on contrary similar regulations under emergency authority of Vice---Chancellor enforced for last many years-Action taken by Vice---Chancellor, held, not taken to cater for any emergency. but for a.. permanent need and omission -on part of Vice---Chancellor to get same covered through legally constituted bodies may rather amount to defeating very law and violation of S. 15(1).-[Educational Institutions-Vires of statutes]. (b) University of the Punjab Act (IX of 1973)­- - Ss. 15, 28 & 32 read with Emergency Regulations framed by Vice­--Chancellor, reglns. 9 & 12-Admission to Law College-Vires of Regulations-Vice-Chancellor in emergency-Can replace approving body but in no case empowered to act both for proposing and approving authorities - Regulations reserving evening classes for Government, semi-Government or statutory corporation employees as framed by Vice---Chancellor, held, could not be made and enforced by Vice---Chancellor in his emergency power hence null and void and inoperative.-[Educational Institutions-Vires of statutes]. Section 15(3) of the University of the Punjab Act, 1973, envisaged taking of such an action in an emergency which would require approval of another Officer, authority or body which in ordinary course could have done so. The first thing to be determined is the meaning of the word `action'. Does it include a subordinate legislative act also or is it only confined…
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