| Case ID |
d7308422-cf22-402e-9ebd-dd103048bdf1 |
| Body |
View case body. Login to View |
| Case Number |
Civil Petition No.115-L of 2000 |
| Decision Date |
Mar 20, 2003 |
| Hearing Date |
Mar 20, 2003 |
| Decision |
The Supreme Court of Pakistan dismissed the petition filed by the petitioner against the termination of services from Kasur Public School. The Court upheld the Lahore High Court's ruling that the school was a non-statutory body, and its employees were not governed by any statutory rules of service. The petitioner's argument that the Deputy Commissioner, as Ex-Officio Chairman, provided a basis for writ jurisdiction was rejected, emphasizing that the school did not constitute a government institution. The decision reinforced the precedent set in prior cases, distinguishing the current case from those involving statutory bodies. |
| Summary |
In the landmark case of IFTIKHAR MUBEEN ARSHEE vs DEPUTY COMMISSIONER/CHAIRMAN, BOARD OF GOVERNORS, KASUR PUBLIC SCHOOL, the Supreme Court of Pakistan addressed critical issues surrounding the employment status of individuals working for non-statutory bodies. The case arose from the termination of a teacher at Kasur Public School, which was registered under the Societies Registration Act, 1860. The petitioner challenged his dismissal, arguing that the Deputy Commissioner’s role as Ex-Officio Chairman implicated the school in governmental oversight. However, the Court clarified that the lack of statutory service rules for employees of the school precluded the applicability of constitutional protections typically afforded to government employees. This case is pivotal for understanding the legal boundaries of employment within non-governmental institutions and highlights the distinctions between statutory and non-statutory bodies in Pakistan's legal landscape. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Kasur Public School
|
| Judges |
JAVED IQBAL,
FAQIR MUHAMMAD KHOKHAR
|
| Lawyers |
Talat Farooq, Advocate Supreme Court,
Muhammad Ozair Chughtai Advocate-on-Record
|
| Petitioners |
IFTIKHAR MUBEEN ARSHEE
|
| Respondents |
DEPUTY COMMISSIONER/CHAIRMAN, BOARD OF GOVERNORS, KASUR PUBLIC SCHOOL, KASUR
|
| Citations |
2006 SLD 2563,
2006 SCMR 876
|
| Other Citations |
Aitchison College, Lahore through its Principal v. Muhammad Zubair and others PLD 2002 SC 326,
Sabhajit Tweary v. Union of India and others AIR 1975 SC 1329
|
| Laws Involved |
Societies Registration Act (XXI of 1860),
Constitution of Pakistan (1973)
|
| Sections |
20,
Art.185(3)
|