SALMAN SHAHID vs UNIVERSITY OF MANAGEMENT AND TECHNOLOGY, through Chairman, Board of Governors and Boards of T

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SALMAN SHAHID VS UNIVERSITY OF MANAGEMENT AND TECHNOLOGY, through Chairman, Board of Governors and Boards of Trustees art.199---University of Management and Technology, Lahore act (XV of 2004), Ss. 9, 13 & 14---Constitutional petition filed by a student of private sector university---Maintainability---Whether the University of Management and Technology, Lahore ('the University') was a "person"---Functional test---Scope---Student contended that constitutional jurisdiction of the High Court could be invoked as the University had statutory rules ---Grievance of the student was that he completed thirty credit hours required for the award of degree of MS/M.Phil, therefore, requirement of submission of thesis, equivalent to six credit hours, by the University was unjustified---Held, that the test to determine whether University of Management and Technology ('the University ') was a "person" amenable to judicial review could be ascertained firstly from the functions performed by the University and secondly, the status of administrative and financial control of the Government with respect to the University ; which the Courts generally classified as "functional test"---Under S.14 of the University of Management and Technology, Lahore act, 2004 ('the act 2004'), the administration and management of the University vested in the Board---Section 13 of the act 2004 stipulated that Board of Governors shall consist of various individuals, including members of the Board of Trustees ---Though some of the Government officials were also members of the Board of Governors, however, majority members of the Board were private individuals, hence Government did not have complete domination in running the affairs of the University---Under S.9 of the act 2004, all appointments as well as terms and conditions of such appointments were determined by the Board and not by the Government---Funds of the University were also generated from private source (fee etc.) and the Government had no direct financial control on the University ---Functions of the University were also for private gains/profits and not exclusively for the benefit of public without any profits ---University was not a 'person' performing functions in connection with the affairs of Federation, Government or Local authority for the purpose of judicial review under art. 199 of the Constitution---Mere fact that the University had been established under the statute would itself not be sufficient to treat the University as a ' person 'for the purpose of art. 199 of the Constitution---Constitutional petition against the University was not maintainable and was thus rightly dismissed by the Single Bench of the High Court---Intra Court appeal of the appellant/student was dismissed, in circumstances.

SALMAN SHAHID vs UNIVERSITY OF MANAGEMENT AND TECHNOLOGY, through Chairman, Board of Governors and Boards of Trustees art — 2022 CLC 1328 LAHORE-HIGH-COURT-LAHORE

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