| Case ID |
4283f5ec-231f-4bc9-8bac-217f5e2f0bfe |
| Body |
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| Case Number |
C.Ps. Nos.622 and 623-K of 2004 |
| Decision Date |
Nov 22, 2005 |
| Hearing Date |
Nov 22, 2005 |
| Decision |
The Supreme Court of Pakistan dismissed the petition, affirming that the petitioner, employed by Hamdard University, did not qualify as a civil servant under the Sindh Service Tribunals Act, 1973. The court emphasized that only employees of corporations controlled by the government are entitled to seek redress from the tribunal. The ruling referenced a previous judgment regarding the status of university employees, establishing that employees of private institutions are not civil servants. Consequently, the tribunal's refusal to grant relief was upheld, leading to the dismissal of the petition and denial of leave to appeal. |
| Summary |
In the case of Prof. Muhammad Wali Khan vs. Hamdard University, the Supreme Court of Pakistan addressed the status of employees of private universities under the Sindh Service Tribunals Act, 1973. The petitioner argued that as an employee of Hamdard University, he should be considered a civil servant eligible for tribunal redress. However, the court clarified that such institutions do not fall under the definition of a corporation as per the Act. Citing a precedent from the University of Balochistan case, the court reaffirmed that employees of private universities are not classified as civil servants, thus denying the petitioner's claim for relief. The ruling underscores the importance of understanding the legal definitions and classifications of employment in the public versus private sectors, particularly in the context of government-controlled entities. This case highlights the need for clarity in employment classifications and the rights of employees within private educational institutions in Pakistan. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Hamdard University
|
| Judges |
IFTIKHAR MUHAMMAD CHAUDHRY, C.J.,
M. JAVED BUTTER, J
|
| Lawyers |
Sheikh F.M. Javaid, Advocate Supreme Court,
Ahmadullah Faruqi, Advocate-on-Record
|
| Petitioners |
Prof. MUHAMMAD WALI KHAN
|
| Respondents |
HAMDARD UNIVERSITY and others
|
| Citations |
2006 SLD 2481,
2006 SCMR 593
|
| Other Citations |
University of Balochistan through Registrar v. Saeed Muhammad Khan and others 1986 SCMR 1063
|
| Laws Involved |
Sindh Service Tribunals Act (XV of 1973),
Constitution of Pakistan (1973)
|
| Sections |
2-A,
4,
Art.212(3)
|