| Case ID |
3b20a4d5-05c9-487f-87b5-4014022a6690 |
| Body |
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| Case Number |
C.P.LA. No.474 of 1993 |
| Decision Date |
Oct 03, 1993 |
| Hearing Date |
|
| Decision |
The Supreme Court granted leave to appeal to consider the jurisdiction of the Ombudsman in the case concerning the appointment of a Headmistress at the Embassy School in Jeddah, Saudi Arabia. The Court analyzed whether the term 'school' fell within the definition of 'agency' under the Establishment of the Office of Wafaqi Mohtasib (Ombudsman) Order, 1983. The Court also considered if the remedy provided under Article 32 of the Order was adequate and efficacious. The Ombudsman had declared the selection of the petitioner null and void, favoring the respondent No. 5 based on higher qualifications. The Court ultimately decided on the jurisdictional issues raised and the adequacy of the alternative remedy available under the law. |
| Summary |
In the case C.P.LA. No.474 of 1993, the Supreme Court of Pakistan addressed the jurisdiction of the Ombudsman regarding the appointment of a Headmistress at the Embassy School in Jeddah, Saudi Arabia. The petitioner, ALMASKHANUM, contested the Ombudsman's decision that declared her selection null, favoring another candidate based on qualifications. The Court examined the definition of 'agency' under the Establishment of the Office of Wafaqi Mohtasib (Ombudsman) Order, 1983, and whether the school fell under this definition. Additionally, the adequacy of the alternative remedy under Article 32 was scrutinized, leading to a decision to grant leave to appeal. This case highlights significant aspects of administrative law, jurisdictional challenges, and the role of the Ombudsman in Pakistan, making it a pivotal reference for future cases involving similar legal questions. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Not available
|
| Judges |
SALEEM AKHTAR,
MANZOOR HUSSAIN SIAFY
|
| Lawyers |
Pir Altaf Hussain Shah, Senior Advocate Supreme Court,
Khan Imtiaz Muhammad Khan, Advocate-on-Record
|
| Petitioners |
ALMASKHANUM
|
| Respondents |
FEDERATION OF PAKISTAN,
4 others
|
| Citations |
1994 SLD 347,
1994 PLD 91
|
| Other Citations |
1982 SCMR 2102
|
| Laws Involved |
Establishment of the Office of Wafaqi Mohtasib (Ombudsman) Order, 1983,
Constitution of Pakistan (1973)
|
| Sections |
9(2),
2(1),
32,
185(3),
199
|