| Citation(s) |
|---|
| 1993 SLG 919 1993 SLD 919 1993 CLC 743 |
Lahore High Court
MALIK MUHAMMAD QAYYUM, J
M. Nasim Kashmiri for Petitioner
MALIK MUHAMMAD QAYYUM, J
M. Nasim Kashmiri for Petitioner
LAL DIN QURESHI
VS
PAK SCANDINAVIAN FRIENDSHIP and others
Law:
Section:
(a) Punjab Private Educational Institutions (Promotion and Regulation) Ordinance (IV of 1984)--- ----S. 10---Extent---Registration of school---Locus standi to file appeal---Right to file appeal under provisions of Ordinance IV of 1984, was not confined to parties but to any person aggrieved---Person invoking appellate jurisdiction need not necessarily be a party in the lower forum. H.M. Saya & Co. v. Wazir Ali Industries Ltd., Karachi and another PLD 1969 SC 65 and Mistri Allah Din v. Fazal Muhammad and another PLD 1991 SC 52 ref. (b) Punjab Private Educational Institutions (Promotion and Regulation) Ordinance (IV of 1984)--- ----S.10---Constitution of Pakistan (1973), Art.199---Registration of school--Appellate Authority, in order to secure interest of petitioner, had been careful enough to further direct that due regard should be given to the previous claim of parties on the school as well as conduct of respondent, as a custodian of school during past should be. kept in consideration---Appellate Authority's observation, that there being two contestants for registration of school in question, it would be fair and in the interest of justice that respondents could also file application for registration thereof, so that respective .claims of parties could be evaluated, called for no interference with the order of Appellate Authority. ORDER The order of remand dated 14th of April, 1991, passed by the Deputy Commissioner, Lahore, on appeal filed by respondents Nos.l and 2, has been assailed by the petitioner in this Constitutional petition. 2, The first contention raised by Mr. M. Nasim Kashmiri, Advocate, is that as respondents Nos.l and 2 were not parties to the proceedings before this Court in the earlier round of litigation or for that matter before the Director of Education, they had no right to file any appeal. However, a reference to section 10 of the Punjab Private Educational Institutions (Promotion & Regulation) Ordinance, 1984 would show that the right to file an appeal is…
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