| Citation(s) |
|---|
| 2005 SLG 1880 2005 SLD 1880 2005 PLD 616 |
Lahore High Court
Writ Petitions Nos. 2344 of 2003 and 558 of 2004, decided on 2nd March, 2005
ABDUL SHAKOOR PARACHA, J
Muhammad Waqar Rana for Petitioner (in W.P. No. 2344 of 2003). Zulfiqar Khalid Maluka for Petitioner (in W.P. No. 558 of 2004). Mian Gul Hassan Aurangzeb for
Respondents. Shamshadullah Cheema, Standing Counsel
Writ Petitions Nos. 2344 of 2003 and 558 of 2004, decided on 2nd March, 2005
ABDUL SHAKOOR PARACHA, J
Muhammad Waqar Rana for Petitioner (in W.P. No. 2344 of 2003). Zulfiqar Khalid Maluka for Petitioner (in W.P. No. 558 of 2004). Mian Gul Hassan Aurangzeb for
Respondents. Shamshadullah Cheema, Standing Counsel
Prof. Miss RABIA NOOR
VS
FEDERATION OF PAKISTAN and others
Law:
Section:
(a) Constitution of Pakistan (1973)-------Art. 199---Constitutional petition---Locus standi to file---Right to make an application under Art. 199 of the Constitution has been given to an "aggrieved party" and not merely to such person who has been "injured" by a violation of "right" or "franchise" or by a threat thereupon--Article 199 of the Constitution. does not say that an application, under it, can be made only by such party who can say that his "right" has been invaded upon and that he has, therefore, been "injured" in such a sense--Expression "right" is well-known concept in jurisprudence and the converse of the same is "injury". (b) Emigration Rules, 1979--- -----Rr. 2(gg) & 26---Constitution of Pakistan (1973), Art. 199---Constitutional petition---Maintainability---Overseas Pakistani's Foundation had been set up by the Federal Government and was subsequently registered" as a company limited by guarantee under the Companies Act, 1913 and had its own Memorandum and Articles of Association---One of the objects of the constitution of the Foundation was, inter alia, to establish and manage educational institutions in Pakistan and creation of Overseas Pakistanis Foundation Girls College, Islamabad was one of such objectives---Overseas Pakistanis Foundation Girls College, Islamabad, in circumstances, could not be said to be under the direct control of Ministry of Labour, Manpower and Overseas Pakistanis---Said College was neither an autonomous body nor a Department, it was an extension of the Foundation itself---Ministry of Labour, Manpower and Overseas Pakistanis did not have the statutory or Constitutional mandate for creation of the Board of Directors for the College nor had the said resolution by the Ministry been passed in exercise of the powers delegated under any law or legal instrument---College being not a department of Federal Government and not performing functions in connection with the affairs of the Federation within meaning of Art. 199 of the Constitution, the Constitutional petition was not competent---Employees of the College for their terms and conditions of service, could voice their grievances before the Service Tribunal---Principles.…
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