| Case ID |
3779ff8d-1e8c-4178-a3d4-2cec29788506 |
| Body |
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| Case Number |
Writ Petition No.245733 of 2018 |
| Decision Date |
Dec 09, 2020 |
| Hearing Date |
Dec 09, 2020 |
| Decision |
The Lahore High Court dismissed the constitutional petition filed by Dr. Khalid Zamir Rasib against his dismissal from Forman Christian College-University, Lahore (FCC-U). The court held that the maintainability of a constitutional petition against a chartered university is distinct from that concerning an employee's service conditions. The court found that FCC-U, being a private entity with no statutory rules governing employee terms, did not fall within the purview of Article 199 of the Constitution, thus rendering the petition not maintainable. The court emphasized that the university's functions did not connect it sufficiently to state affairs to warrant constitutional jurisdiction. |
| Summary |
This case concerns the dismissal of Dr. Khalid Zamir Rasib from Forman Christian College-University (FCC-U) and the maintainability of his constitutional petition under Article 199 of the Constitution of Pakistan, 1973. The Lahore High Court ruled that the FCC-U, functioning as a private entity, does not fall under the definition of a 'person' as per Article 199(5) due to the absence of direct financial and administrative control by the government. The court's decision highlighted the distinction between petitions regarding general university functions and those concerning individual employment conditions. The court referenced several precedents, stating that without statutory rules governing employment, the petition lacks grounds for maintainability. The ruling emphasizes the importance of understanding the jurisdictional boundaries of constitutional petitions against private educational institutions. |
| Court |
Lahore High Court
|
| Entities Involved |
Forman Christian College-University,
Higher Education Department, Punjab
|
| Judges |
SHUJAAT ALI KHAN,
AYESHA A. MALIK,
SHAMS MEHMOOD MIRZA
|
| Lawyers |
Nadeem Ahmad Sheikh,
Safdar Shaheen Pirzada,
Rana Shamshad Khan,
Muhammad Amir Sohial,
Muhammad Imran Ramzan
|
| Petitioners |
DR. KHALID ZAMIR RASIB
|
| Respondents |
4 OTHERS,
PROVINCE OF THE PUNJAB THROUGH SECRETARY HIGHER EDUCATION DEPARTMENT, LAHORE
|
| Citations |
2021 SLD 2799,
2021 PLC 994
|
| Other Citations |
Sheikh Nadeem Ahmad v. G.C. University and others 2016 MLD 1966,
Aown Abbas Bhatti v. Forman Christian College and 2 others PLD 2018 Lah. 435,
Aitchison College, Lahore through Principal v. Muhammad Zubair and another PLD 2002 SC 326,
Anoosha Shaigan v. Lahore University of Management Sciences through Chancellor and others PLD 2007 Lah. 568,
Abdul Wahab and others v. HBL and others 2013 SCMR 1383,
Abdul Rashid Khan v. Registrar Baha ud Din Zikrya University 2011 SCMR 944
|
| Laws Involved |
Constitution of Pakistan, 1973
|
| Sections |
199
|