| Case ID |
51355c95-6587-4fe9-b826-520dae3aad99 |
| Body |
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| Case Number |
Civil Appeals Nos. 105 and 106 of 1982 |
| Decision Date |
Oct 05, 1983 |
| Hearing Date |
Oct 04, 1983 |
| Decision |
The Supreme Court of Pakistan dismissed the appeals filed by the petitioners, affirming the earlier ruling of the Lahore High Court. The court found that the Martial Law Orders (M.L.O.s) 234 and 255 were valid and upheld the decisions made by the administrative authorities regarding the suspension and termination of the petitioners. The court emphasized that the provisions of the laws in question could not be challenged based on assertions of mala fides as there was sufficient justification for the actions taken by the authorities. The court also noted that the disciplinary actions were not deemed excessive given the context of the disarray within the institution. |
| Summary |
The case involves two civil appeals concerning the suspension and termination of teachers at Gordon Mission College, Rawalpindi, under the West Pakistan Private Colleges Ordinance. The Supreme Court examined the validity of Martial Law Orders and their application to the case at hand. The court ultimately upheld the decisions of the administrative authorities, emphasizing that the laws in question provided the necessary legal framework for the actions taken against the appellants. The case highlights significant issues surrounding administrative authority, legal interpretations of Martial Law, and the rights of educators in private institutions. The ruling reinforces the principle that administrative actions must be backed by legal provisions, particularly in contentious educational environments. Keywords such as 'martial law', 'educational authority', 'administrative law', and 'Pakistan legal system' are pivotal in understanding the implications of this case. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Not available
|
| Judges |
MUHAMMAD AFZAL ZULLAH,
M. S. H. QURAISHI,
MIAN BURHANUDDIN KHAN
|
| Lawyers |
Mian Nazir Akhtar,
Mian Bashir Ahmad Ansari,
Ch. Akhtar Ali,
Khalil Ramdey,
Muhammad Kowkab Iqbal,
Abid Hassan Minto,
Khan Imtiaz Muhammad Khan
|
| Petitioners |
MUHAMMAD SIDDIQUE CHEEMA,
B. A. Ansari
|
| Respondents |
3 others,
GOVERNMENT OF THE PUNJAB
|
| Citations |
1984 SLD 361,
1984 SCMR 67
|
| Other Citations |
Fauji Foundation v. Shamimur Rehman P L D 1983 S C 457
|
| Laws Involved |
Constitution of Pakistan (1973),
Constitution of Pakistan (1972),
West Pakistan Private Colleges (Management and Control) Ordinance (XX of 1970),
Civil Procedure Code (V of 1908)
|
| Sections |
185(3),
280,
281,
8(1),
O. XLI, r. 33
|