Mst. AMNA MAJEED vs GOVERNMENT OF THE PUNJAB through Secretary Primary and Secondary Healthcare Punjab, Lahore arts — 2023 PLC(CS) 620 LAHORE-HIGH-COURT-LAHORE

Case information

Citation: 2023 PLC(CS) 620 LAHORE-HIGH-COURT-LAHORE
Court: Lahore High Court
Year: 2023
Reporter: PLC
Parties: Mst. AMNA MAJEED vs GOVERNMENT OF THE PUNJAB through Secretary Primary and Secondary Healthcare Punjab, Lahore arts
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

Mst. AMNA MAJEED VS GOVERNMENT OF THE PUNJAB through Secretary Primary and Secondary Healthcare Punjab, Lahore arts. 212 & 199---administrative Courts and Tribunals---Constitutional jurisdiction---Bar of jurisdiction---Scope---Rationale exists behind not reading down the ouster contemplated by art. 212 of the Constitution---article 199 of the Constitution of Pakistan, is subject to many conditions and riders---article itself acknowledges that it is subject to the Constitution---all articles of the Constitution appearing before and after art. 199 have a bearing on the remedies afforded by art. 199---On the other hand, art. 212 starts with a non-obstante clause and, therefore, takes precedence over art. 199 and similarly phrased other articles of the Constitution, and therefore, has to be construed accordingly---Complete remedial mechanism before a forum i.e. the Tribunal, which is a Court for all intents and purposes has been provided by art. 212 of the Constitution---article itself mandates for setting up of a Tribunal which attributes of a Court to hear appeals---Perhaps, this is the reason why the ouster contemplated by art. 212 remains impregnable and which ouster cannot be pierced come what may.

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