Case Details

Citation(s)
2005 SLG 964 2005 SLD 964 2005 PLC 836
Lahore High Court
Writ Petitions Nos. 2344 of 2003 and 558 of 2004, decision dated: 10-02-2005.
ABDUL SHAKOOR PARACHA, J

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Professor Miss RABIA NOOR and another

VS

FEDERATION OF PAKISTAN through Secretary Ministry of Labour, Manpower and Overseas Pakistani Division and 2 others

Law:

Section:

(a) Constitution of Pakistan (1973)-------Art.199---Constitutional petition---Locus standi---Principles---Right to make 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---Application under Art.199 of the Constitution cannot only be filed by such party who can say that his 'right' has been invaded upon and that he has, therefore, been 'injured' in such sense. (b) Right--- ----Concept---Expression 'right' is well-known concept in jurisprudence and the converse of it is 'injury'. (c) Constitution of Pakistan (1973)--- ----Art.199---Constitutional Jurisdiction---Scope---Disputed question of fact---Both the parties claimed to have raised funds for the purchase of plot and establishment of college in question---Effect---Such was a question of fact which could not be adjudicated upon by High Court in exercise of Constitutional jurisdiction. (d) Emigration Rules, 1979--- ----R.2 (gg)---Constitution of Pakistan (1973), Arts. 199 & 212--­Constitutional petition---Overseas Pakistanis' Foundation Girls College--­Employees, status of---Petitioner was appointed as Principal of the college and her service was terminated by the Board of Directors of Overseas Pakistanis' Foundation managing the affairs of the college--­Plea raised by the petitioner was that the college was established by Federal Government thus the Board had no concern with the affairs of the college---Validity---Board was neither a corporate body nor a juristic person competent to employ teachers---Establishment of the college by Federal Government having been made in discharge of its Constitutional and/or statutory obligations as a State, teachers appointed by Federal Government in the college were holding the civil post in connection with the affairs of the Federation---Petitioner was appointed as Principal, as she was a civil servant, termination of her service was part of the terms and conditions of service---Petitioner should voice her grievance before Service Tribunal---Constitutional petition was barred under Art. 212 of the…
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