January 15, 2002	Tuesday	Shawwal 30, 1422

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ISLAMABAD, Jan 14:The Supreme Court of Pakistan on Monday held that decisions of Aitchison College Lahore could be challenged in the Lahore High Court (LHC) as it was not a private institution.

Maintaining the LHC judgment that the college fell under the category of ‘person’ as defined under Article 199 (5) of the Constitution of Islamic Republic of Pakistan, the apex court held that the board of governors of the institution squarely fell within the definition of a ‘person’ under the article.

Justice Iftikhar Mohammad Chaudhry, writing for the bench of three judges, held that all those institutions which were in control of the state were open to writ jurisdiction of the high court.

The issue had arisen when Mohammad Zubair Ikram, son of an executive of an insurance company, was refused admission even after obtaining 70 per cent marks in the entry test, but the son of a provincial minister was admitted who had obtained just seven percent marks in the test.

When the decision of Aitchison College was challenged in the LHC through a writ petition, the college stated that the high court had no jurisdiction to pass any order on the writ jurisdiction as it was a private institution.

But, the respondents argued, the board of governors of the institution was headed by Punjab governor. Among the other members of the board include general officer commanding Division 10, Lahore; Punjab finance secretary, education secretary and chief secretary.

The apex court ruled that after the promulgation of MLO No 86 (Zone-B) the society responsible for running the affairs of the college was dissolved on May 2, 1961 and since then its affairs had been running by the board of governors initially notified on Nov 11, 1965.

The court also held that in 1994, by amending the Provincial Government Rules of Business, Aitchison College Management had been brought under the control of the education department.

The SC after examining all the case law cited by the counsels, held that board of governors of the college was enjoying the position of a ‘juristic person’.

The apex court noted that Punjab governor, in his capacity of board president, had promulgated the law to regulate the affairs of the college including formulation of budget of the institution, and specifying powers of the principal.

The court relied on the M/s Huffaz Seamless Pipe Industries Ltd versus Sui Northern Gas Pipelines Limited (1998 CLC 1890). It state that company corporations registered under the companies Ordinance 1984, which were funded by the government and which were under dominative control of the state, providing amenities of life to citizens and was discharging functions, which fall within the area of police power of the state were amendable to the writ jurisdiction of the High Court under Article 199 of the Constitution.

Advocate Khawaja Tariq Rahim had appeared for Aitchison College and AK Dogar represented the respondents.