Law:

Section:

(a) Constitution of Pakistan (1973)--Arts. 185(3) & 199---Appeal to Supreme Court---Question of jurisdiction of High Court and maintainability of Constitutional petition being of essential importance involving a pure question of law in view of the admitted facts was not pressed into service before the High Court---Such question, held, could lawfully be allowed to be raised before the Supreme Court. (b) Constitution of Pakistan (1973)--- ----Art.. 199(l)(a)----Constitutional petition---Maintainability---"Persons performing functions in connection with affairs of Federation or Province"--­Foundation executing a social welfare scheme on "no profit no loss basis" by virtue of its registration under Companies Ordinance, 1984, does not enjoy the status of a statutory corporation established and controlled by the Federation, nor is it performing any of sovereign functions of the State so as to be declared as a body corporate performing functions in connection with the affairs of the Federation---Constitutional petition is not maintainable against such foundation. Salahuddin v. Frontier Sugar Mills and Distillery Ltd. PLD 1975 SC 244 fol. (c) Constitution of Pakistan (1973)--- -----Art. 199 (1)(a)----"Person performing functions in connection with affairs of Federation or Province"---Test---Primary test must always be as to whether the functions entrusted to the organisation or person concerned were indeed functions of the State involving some exercise of sovereign or public powers; whether the control of the organisation in a substantial manner was in the hands of Government and whether the bulk of the funds was provided by the State. Noor Jehan Shah v. Pakistan Defence Officers Housing Authority 1997 MLD 2261 ref. (d) Civil Servants Act (LXXI of 1973)--- ---S. 2(b)---Constitution of Pakistan (1973), Art. 199---Constitutional petition--- Maintainability---Civil servants having no right guaranteed under the law or the Constitution in relation to their terms and conditions of service, could not claim allotment of a plot or Government accommodation in a scheme floated under any policy decision of the Government or a statutory corporation which could be enforced in…

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