Mst. SITWAT vs The CHAIRMAN BOARD OF GOVERNORS, PESHAWAR PUBLIC SCHOOL AND COLLEGE, WARSAK ROAD, PESHAWAR S — 2023 PLC(CS)N 34 PESHAWAR-HIGH-COURT

Case information

Citation: 2023 PLC(CS)N 34 PESHAWAR-HIGH-COURT
Court: Peshawar High Court
Year: 2023
Reporter: PLC
Parties: Mst. SITWAT vs The CHAIRMAN BOARD OF GOVERNORS, PESHAWAR PUBLIC SCHOOL AND COLLEGE, WARSAK ROAD, PESHAWAR S
Subject matter: Constitutional
Provisions referred to: S. 11---R

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. SITWAT VS The CHAIRMAN BOARD OF GOVERNORS, PESHAWAR PUBLIC SCHOOL AND COLLEGE, WARSAK ROAD, PESHAWAR S.11---Res-judicata, principle of---Applicability---Scope---Constitutional petitions filed by employees of a School challenging abolishment of free of cost education for their children---Held, that Constitutional petitions of some employees of the school, with the same grievance/request to continue the facility of free of cost education to their children, had previously been dismissed by the High Court---Constitutional petition of present petitioners was, thus hit by the principle of res judicata---Constitutional petition was dismissed, in circumstances. Constitutional petition filed by the employees of a School---Maintainability---Contention of the petitioners (employees) was that employers (a school) had unlawfully abolished the facility of free of cost education to their children---Held, that the petitioners were employees of the school, which admittedly, had no statutory rules---Neither the services of the petitioners were regulated by a statute nor any of its provision had been violated by the employers while dealing with them---Case of the petitioners and employers was one of "master" and "servant", therefore, they could not invoke constitutional jurisdiction of the High Court---Issue was related to fiscal matter and due to some financial constraint, the relief was not extended to the petitioners by the employers---High Court could not pass any order in constitutional jurisdiction which was practically not executable---Constitutional petition was dismissed, in circumstances.

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