CHAIRMAN PRIVATE (EDUCATION) NETWORK (PEN) MANSEHRA vs GOVERNMENT OF KHYBER PAKHTUNKHWA art — 2021 CLC 28 PESHAWAR-HIGH-COURT

Case information

Citation: 2021 CLC 28 PESHAWAR-HIGH-COURT
Court: Peshawar High Court
Year: 2021
Reporter: CLC
Parties: CHAIRMAN PRIVATE (EDUCATION) NETWORK (PEN) MANSEHRA vs GOVERNMENT OF KHYBER PAKHTUNKHWA art
Subject matter: Constitutional

Fields are extracted from the reported citation and judgment text. Where a detail is not stated in the record, it is not shown.

Judgment text as reported

CHAIRMAN PRIVATE (EDUCATION) NETWORK (PEN) MANSEHRA VS GOVERNMENT OF KHYBER PAKHTUNKHWA art.199---Constitutional petition---Maintainability---Educational institutions---Lock down---Closure of educational institutions due to corona virus lock down---Said institution (petitioner) seeking compensation from the Provincial Government---Scope---Contention of petitioner was that educational institutions were suffering hardship and Provincial Government should compensate the schools---Validity---Private schools alone were not suffering due to the lockdown imposed by the Government---Business sectors of country had affected due to the current outbreak of virus---Government had imposed restrictions for the safety of public-at-large---High Court could not interfere in the policy matters of Government---No mala fide, favouritism and arbitrariness had been pointed out by the petitioner on behalf of Government while passing impugned directions---No right of petitioner had been violated due to impugned orders passed by the authorities---High Court under constitutional jurisdiction could annul an 'order' or a 'policy' framed by the Executive, if same was violative of 'Constitution', 'law' or was 'product of mala fide'---Petitioner had failed to point out infringement of any legal right, violation of the Constitution or mala fide on the part of Government while passing the impugned restrictions---Constitutional petition was dismissed in limine, in circumstances.

Other judgments reported in 2021 CLC

2021 CLC 2042 PESHAWAR-HIGH-COURTAMIR ZADA VS Mian ZAMIN KHAN Non-obstante clause, over-riding factor of---Non-obstante clause was a legislative tool employed to give an ove…
2021 CLC 2042 PESHAWAR-HIGH-COURTAMIR ZADA VS Mian ZAMIN KHAN Procedural laws, retrospective effect of---Procedural laws normally have a retrospective effect, unless provide…
2021 CLC 746 PESHAWAR-HIGH-COURTMst. BIBI ROZA VS WALI-UR-REHMAN S.12(2)---application under S.12(2) C.P.C---Framing of issues---Scope---Though application under S.12(2) of…
2021 CLC 1813 SUPREME-COURT-AZAD-KASHMIRTAHIR AYUB VS NAEEM AYUB S.122---Specific Relief act (I of 1877), Ss.42 & 12---"Gift"---Counter deeds---Registered document, evidentiary val…
2021 CLC 1813 SUPREME-COURT-AZAD-KASHMIRTAHIR AYUB VS NAEEM AYUB 'Hiba', defined---Essentials of---Delivery of possession, over-riding effect of---Hiba was an unconditional transfe…
2021 CLC 1813 SUPREME-COURT-AZAD-KASHMIRTAHIR AYUB VS NAEEM AYUB 'Gift', essentials of---Declaration, delivery of possession and without consideration---Any deed which involved any…

Back to the case-law library · Search Pakistani case law in Urdu or English