P L D 2003 Peshawar 57 (PLP)
PUBLIC HIGH SCHOOL AND COLLEGE, HANGU through Shabbir Ahmed Khan and others‑‑‑Petitioners Versus ZILLA NAZIM, HANGU and 2 others‑‑‑Respondents
| Citation | P L D 2003 Peshawar 57 (PLP) |
| Forum / Court | |
| Bench Members | Abdul Rauf Khan Lughmani and Muhammad Qaim Jan Khan, JJ |
| Parties | PUBLIC HIGH SCHOOL AND COLLEGE, HANGU through Shabbir Ahmed Khan and others‑‑‑Petitioners Versus ZILLA NAZIM, HANGU and 2 others‑‑‑Respondents |
| Primary Law | North‑West Frontier Province Local Government Ordinance (XIV of 2001)‑‑‑ |
Q1: What are the key laws and sections cited in P L D 2003 Peshawar 57 (PLP)?
This judgment primarily cites: North‑West Frontier Province Local Government Ordinance (XIV of 2001)‑‑‑ as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case P L D 2003 Peshawar 57 (PLP)?
The case was heard and decided by the bench comprising: Abdul Rauf Khan Lughmani and Muhammad Qaim Jan Khan, JJ.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: P L D 2003 Peshawar 57 (PLP) (PUBLIC HIGH SCHOOL AND COLLEGE, HANGU through Shabbir Ahmed Khan and others‑‑‑Petitioners Versus ZILLA NAZIM, HANGU and 2 others‑‑‑Respondents). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- M. Mohibullah Kakakhel for Petitioner.
- Wali Khan Afridi for Respondent No. 1.
- Tariq Javaid, A.A.‑G. for Respondents Nos. 2 and 3.
- Date of hearing: 17th October; 2002.
Headnotes / Summary
‑‑‑‑S. 18‑‑‑Constitution of Pakistan (1973), Art. 199‑‑‑Constitutional petition ‑‑‑Zila Nazim‑‑‑Functions and powers‑‑‑Dissolution of Board of Governors of private school ‑‑‑Zila Nazim had issued a notification whereby Board of Governors of a private Public High School was dissolved‑‑ Petitioner, the school, claimed to be a private school and raised a plea that Zila Nazim could not dissolve the Board of Governors‑‑‑Validity‑‑‑No power had been conferred on Zila Nazim to dissolve the Board of Governors of private school or even to interfere in private schools under S. 18 of North West Frontier Province Local Government Ordinance; 2001‑‑‑Notification issued by Zila Nazim was illegal, without jurisdiction and of no legal effect‑‑‑High Court directed Zila Nazim to refrain from interference in the matter of the Public High School‑‑‑Petition was allowed accordingly.
Judgment & Decree
(c) ensure implementation of the functions decentralized to the District Government. (d) oversee formulation and execution of the annual development plan, delivery of services and functioning of the District Government; (e) present proposal to the Zila Council for approval of budget for District Government. Zila Council and infra‑district fiscal transfers; (f) maintain administrative and financial discipline in the District Government; (g) present tax proposal to the Zila Council; (h) present report on the performance of the District Government in person to the Zila Council at least twice a year; (i) preside over the meetings of the Zila Mushawarat Committee; (j) take charge, organise and prepare for relief activities in disasters or natural calamities; (k) authorise officer of the District Government to sign documents on its behalf. (l) initiate inspections of Tehsil Municipal Administration. Town Municipal Administration and Union Administration in the district pursuant to section 135; (m) establish and supervise the working of the Internal Audit Office; (n) issue executive orders to the District Coordination Officer and Executive District Officers for discharge of the functions decentralised to the District Government; (o) to represent District Government on public and ceremonial occasions; and (p) perform any other function as may be assigned to him by the Government. (2) The Zila Nazim shall not employ an advisor, special assistant or a Political Secretary other than support staff allocated to his office from amongst the officials available in the district." From the bare perusal of section 18, no power has been conferred on Zila Nazim to dissolve the Board of Governors of private school or even to interfere in private schools. So in this background of the case the writ petition is accepted, Notification No.56/ZN(H), dated 3‑11‑2001 is hereby declared as illegal without jurisdiction and of no legal effect and respondent No. 1 is directed to refrain from interference in the matters of the petitioners (Public High School. Hangu). No orders as to costs. Q.M.H./664/P Petition allowed.