DEAN/CHIEF EXECUTIVE, GOMAL MEDICAL COLLEGE, MEDICAL TEACHING INSTITUTION, D.I. KHAN vs MUHAMMAD ARMAGHAN KHAN arts — 2023 PLD 190 SUPREME-COURT

Case information

Citation: 2023 PLD 190 SUPREME-COURT
Court: Supreme Court of Pakistan
Year: 2023
Reporter: PLD
Parties: DEAN/CHIEF EXECUTIVE, GOMAL MEDICAL COLLEGE, MEDICAL TEACHING INSTITUTION, D.I. KHAN vs MUHAMMAD ARMAGHAN KHAN arts
Subject matter: Service
Provisions referred to: S. 2---D

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

DEAN/CHIEF EXECUTIVE, GOMAL MEDICAL COLLEGE, MEDICAL TEACHING INSTITUTION, D.I. KHAN VS MUHAMMAD ARMAGHAN KHAN arts. 212(2), proviso & 212(3)---Provincial Service Tribunals (Extension of Provisions of the Constitution) act (XXXII of 1974), S.2---Direct appeal to the Supreme Court from an order of a tribunal created by Provincial law---Question as to whether an appeal lies to the Supreme Court under article 212(3) against an order of a tribunal created by a Provincial law to which the proviso to clause (2) of the said article has not been made applicable?---Held, that an appeal to the Supreme Court under clause (3) of article 212 of the Constitution against a decision of an administrative Tribunal created by a Provincial law under clause (1) is possible if, and only if, clause (2) applies to the said Tribunal, i.e., it is covered by an appropriate resolution of the Provincial assembly and consequent Federal legislation in terms of the proviso to clause (2)---Door to the judicial remedy provided by clause (3) opens if, and only if, clause (2) is applicable and not otherwise---In the case of a Tribunal set up by Provincial legislation this means that the route to clause (3) lies only through the proviso to clause (2)---Clause (2) and its proviso is the gateway to clause (3); the two must be read and applied together and not in isolation and as standalone provisions.

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