Case Details

Citation(s)
2001 SLG 1378 2001 SLD 1378 2001 PLD 531
Supreme Court of Pakistan
Civil Appeals Nos.21, 22 and 770 to 780 of 1999, decided on 19th January, 2001., (On appeal from the judgment dated 4111998 of the Lahore High Court, Lahore, passed in I.C.As. Nos.77 and 78 of 1998, Writ Petitions Nos.28387, 16798, 12692, 25486, 27047, 27
IRSHAD HASAN KHAN, C.J., CH. MUHAMMAD ARIF AND QAZI MUHAMMAD FAROOQ, JJ

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Rana MUHAMMAD ILYAS and others

VS

BOARD OF INTERMEDIATE AND SECONDARY EDUCATION, RAWALPINDI and others

Law:

Section:

(a) Punjab Boards of Intermediate and Secondary Education Act (XIII of 1976)-------Ss. 10 & 15(2)---Constitution of Pakistan (1973), Art.185(3)--­Recruitment---Board of Intermediate and Secondary Education, jurisdiction of---Imposition of ban on recruitment by Provincial Government ---Effect--­Leave to appeal was granted by Supreme Court to consider; whether the Provincial Government was empowered to interfere and deprive the Board under S.10 of Punjab Boards ,of Intermediate and Secondary Education Act, 1976, to make appointment of officers of the Board and employ them. (b) Punjab Boards of Intermediate and Secondary Education Act (XIII of 1976)------Ss. 10 & 15(2)---Recruitment---Boards of Intermediate and Secondary Education, jurisdiction of---Imposition of ban on recruitment by Provincial Government---Effect---Provincial Government issued a letter and ban was imposed on recruitment in the Education Department---Copy of the letter was addressed to the Chairmen of the Secondary Boards---Candidates were denied recruitment on the basis of that letter---High Court allowed the Constitutional petition and declared that the ban was not applicable to recruitment in the Boards---High Court Appeal was allowed by Division Bench of the High Court---Validity---Boards being statutory bodies having autonomous status ban in terms of the letter by Provincial Government would not apply to the appointments in the Boards---Chairmen of respective Boards had absolute authority to appoint or terminate the services of their employees---For determining the scope of the letter, the subject-matter of the same had to be considered and not the details of the addresses thereof--­Directions issued by the Provincial Government were exclusively applicable to the appointment made in the Provincial Education Department---Merely because the letter had been addressed to Chairmen of the Boards, the same would not, ipso facto, apply to the employees of the Boards---No explicit direction was issued by the Provincial Government to the Boards qua issuance of appointment letters to the appointees---Directive which was applicable to the employees of Provincial Education Department could not be…
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