MUSHARRAF RASOOL CYAN vs LAWRENCE COLLEGE'S PRESIDENT, BOARD OF GOVERNORS/GOVERNOR OF PUNJAB, LAHORE Ss

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MUSHARRAF RASOOL CYAN VS LAWRENCE COLLEGE'S PRESIDENT, BOARD OF GOVERNORS/GOVERNOR OF PUNJAB, LAHORE Ss.4, 5, 6 & 11---Punjab Government Rules of Business, 2011, R.10---Constitution of Pakistan, Arts.4, 10-A & 199---Constitutional petition---Lawrence College Murree---De-notification of Board members before expiry of tenure without due process---Legality---Non-compliance with mandatory procedure---Effect---Petitioners were members of the Board of Governors of Lawrence College Murree who challenged their de-notifications contending that they were removed before expiry of their statutory tenure and without being heard---The relevant issue requiring determination was "whether their removal/replacement from the Board without notice or hearing was contrary to S.7(3) read with S.4(2) of the Punjab Educational Institutions (Reconstitution) Act, 2021, and violative of Arts. 4 & 10-A of the Constitution?"---Held: High Court consciously avoided encroaching upon the administrative autonomy of the College, confining its examination strictly to the question of procedural legality and violation of the petitioners' statutory and constitutional rights---Non-inclusion of the petitioners' name in the Board despite of undertaking of the Secretary, Higher Education Department, was badly hit by the doctrine of judicial estoppel---In order to secure fundamental rights of the petitioners, the respondents had to adhere to their own law and policies issued from time to time which were binding on every citizen under the "doctrine of sovereignty"---The conduct of the respondents throughout the course of the proceedings depicted a pattern of administrative indifference and lack of promptitude in discharging their statutory obligations---The record manifested that despite clear and repeated directions issued by the High Court, and notwithstanding the solemn undertakings given by the Secretary, Higher Education Department, the matter had been delayed and the inclusion of the petitioners' names in the Board of Governors had not been accomplished, which constrained the High Court to decide the issue to that extent in order to enforce rule of law, otherwise the matter would have been disposed of---Petitioners were de-notified prior to completion of their statutory term and without adherence to these mandatory procedural safeguards, thereby rendering such action unsustainable in the eye of law---Respondents were directed to complete all requisite formalities and issue the necessary notification for inclusion of the petitioners' names in the existing Board of Governors---Constitutional petitions were partly allowed, in circumstances.

MUSHARRAF RASOOL CYAN vs LAWRENCE COLLEGE'S PRESIDENT, BOARD OF GOVERNORS/GOVERNOR OF PUNJAB, LAHORE Ss — 2026 PLD 413 LAHORE-HIGH-COURT-LAHORE

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