Syeda HUMAIRA SULTANA vs GOVERNMENT OF KHYBER PAKHTUNKHWA Ss — 2021 PLC(CS) 1074 PESHAWAR-HIGH-COURT

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Syeda HUMAIRA SULTANA VS GOVERNMENT OF KHYBER PAKHTUNKHWA Ss.4 & 5---Constitution of Pakistan, Arts. 129, 199 & 247(4) & (5) [as amended by Constitutional (Twenty-Fifth Amendment) Act (XXXVII of 2018)]---Regularization of service---Schools in erstwhile Federally Administered Tribal Area---Political Agent, status of---Effect of repeal---Petitioners were teachers who sought their regularization in service after abolition of Federally Administered Tribal Area vide 25th Constitutional Amendment and inclusion of Area in Khyber Pakhtunkhwa Province---Validity---Political Agent mainly derived its existence and authority from Frontier Crimes Regulation, 1901---With repeal of Art. 247 from the Constitution, Frontier Crimes Regulation, 1901 was deemed to have been repealed thereby---With unqualified repeal, the office of Political Agent seized to exist and no other office or officer could claim any legacy of that office as no such law provided for the same---Office of Political Agent was mummified and laid to rest in the cemetery of history along with all its belongings leaving no legacy for anyone else to utilize---Deputy Commissioner was not successor of Political Agent and he was never been a Chairman of Board of Directors of the schools nor was substituted as member of Board of Governors or School Management Board---Besides Political Agent, other members of Board of Directors and Board of Governors had also lost its existence with promulgation of 25th Constitutional Amendment---With repeal of Art.247 from the Constitution, without providing for any saving clause, all Regulations promulgated by President of Pakistan under Art. 247(5) of the Constitution or by Governor under Art. 247(4) of the Constitution or before enactment of the Constitution, seized to exist---As corollary of such development, executive authority also shifted its abode from Governor to Provincial Government which included Chief Minister and Provincial Cabinet, according to Art.129 of the Constitution---Such had become responsibility of Provincial Government to regulate affairs of schools in question in similar other educational institutions existing in Federally Administered Tribal Areas---Provincial Government was duty bound to take interim measures in respect of schools and colleges as well as to take permanent steps for smooth running of institutions in question---High Court directed to reinstate petitioner in service as her termination was without lawful authority and High Court restrained the authorities from initiation of process of recruitment as the process was without lawful authority and of no legal effect and directed Provincial Government to take steps on urgent basis for providing legal framework for schools in question along with other similar schools and colleges situated in Federally Administered Tribal Area---High Court directed Provincial Government to constitute ad hoc Board of Directors till constitution of permanent Board of Directors and other necessary regulatory bodies according to legal framework to be provided by Government---High Court directed Government to notify Principal till appointment of another Principal by Government after giving proper legal framework---Constitutional petition was allowed accordingly.

Syeda HUMAIRA SULTANA vs GOVERNMENT OF KHYBER PAKHTUNKHWA Ss — 2021 PLC(CS) 1074 PESHAWAR-HIGH-COURT

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