Law:

Section:

(On appeal from the orders dated 8-9-1993, 4-9-1993, 22-8-1993 and 22-8-1993 of the Lahore High Court, Lahore, passed in I.CA. Nos. 418/93, I.C.A. No. 366/93, W.P. No. 2599/93 respectively). (a) Constitution of Pakistan (1973)--- ----Arts. 185 (3) & 212--Termination of service of petitioners on basis of decision of High Court in suo motu jurisdiction, whereby High Court had directed Education Department to fill in posts of teachers on basis of merit to terminate those whose appointment was not on merits but on basis of quota of legislators---Petition for leave to appeal by teachers whose services were terminated on basis of decision of High Court---If petitioners' appointments were in accordance with law as contended by them, termination of their services without any justifiable reason would entitle them to maintain appeals before Service Tribunal and not Constitutional petition or Intra-Court appeal or petition for leave to appeal to Supreme Court---Service Tribunal was competent to go into the question whether petitioners' appointments were made in accordance with law or whether termination of their services was warranted by law---Petition for leave to appeal was misconceived---Service Tribunal would consider petitioners' application for condonation of delay in accordance with law keeping in -view the factum that a large number of people were involved therein. Munawar Khan v. Niaz Muhammad and 7 others 1993 PLC C.S. 797 and Muhammad Anis and others v. Abdul Haseeb and others D 1994 SC 539 rel. (b) Constitution of Pakistan (1973)--- ----Arts. 185 & 212---Termination of service---Service Tribunal being competent to decide such question as to whether terminations were in accordance with law or not, petitioners were referred to approach it---High Court in its decision had dealt with broader Constitutional/legal issues and not with the cases of petitioners individually---High Court had not determined as to whether petitioners were appointed in accordance with law and whether termination of their services was warranted by law---Such points would be determined independently by Service Tribunal after examining factual and legal aspects---Petitioners'…

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