Citation Name: 2024 YLR 238 LAHORE-HIGH-COURT-LAHOREBookmark this Case Dr. ZAHID HUSSAIN ZAHID vs EXECUTIVE DI

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Citation Name: 2024 YLR 238 LAHORE-HIGH-COURT-LAHOREBookmark this Case Dr. ZAHID HUSSAIN ZAHID VS EXECUTIVE DIRECTOR, IMPERIAL COLLEGE OF BUSINESS STUDIES, LAHORE Ss. 8, 9, 10, 12 & 15---Constitution of Pakistan, Art.199(1)(a)---Constitutional petition filed against Imperial College of Business Studies--- Maintainability---Person or authority performing function in connection with the affairs of an educational institution---Petitioner was employee of Imperial College of Business Studies and sought release of his unpaid salary---As per S. 10 of the Imperial College of Business Studies, Lahore, Ordinance, 2002 (Ordinance), the administration and management of affairs of Imperial College shall vest in the Board of Governors (Board)---Section 8 of the Ordinance provided that Board shall consist of various individuals including Members of the Board of Trustees---Though some Government Officials were also members of the Board but majority members of the Board were private individuals, hence Government did not have complete domination in running the affairs of Imperial College---Under S. 12 of the Ordinance, all appointments as well as terms and conditions of such appointments were determined by the Board and not by the Government---As per S. 15 of the Ordinance, there shall a fund to be known as the Imperial College of Business Studies Fund which shall vest in the institution---Said funds were admittedly generated from private sources including fee etc. and Government had no direct financial control over Imperial College---As per S. 6 of the Ordinance, Governor of Punjab shall be the patron of the institution---Patron was only a notional head and did not take any administrative or financial decisions with respect to Imperial College, which were vested with the Board consisting of majority of private individuals---Considering the above factors, there was no manner of doubt that Imperial College was a private institute and not a person performing functions in connections with the affairs of the Federation, Province or Local Authority for the purpose of judicial review under Art. 199 of the Constitution---Mere fact that Imperial College had been established under the Ordinance, would itself not be sufficient to treat it as a "person" for the purpose of Art. 199(5) of the Constitution---Constitutional petition was dismissed being not maintainable.

Citation Name: 2024 YLR 238 LAHORE-HIGH-COURT-LAHOREBookmark this Case Dr. ZAHID HUSSAIN ZAHID vs EXECUTIVE DIRECTOR, IMPERIAL COLLEGE OF BUSINESS STUDIES, LAHORE Ss — 2024 YLR 238 LAHORE-HIGH-COURT-LAHORE

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