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23 May 2004
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Sunday
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03 Rabi-us-Saani 1425
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LHC says govt not respecting SC dictum
LAHORE May 22: The Lahore High Court observed on Saturday that each organ of the state must work within the limits prescribed by the Constitution, saying that the legislature and the executive had refused to give due respect to the dictum of Supreme Court.
Justice Chaudhry Ijaz Ahmad made these observations while disposing of a petition filed by one Jamil Ahmad Virk against the posting of some subject specialists as headmasters and headmistresses in Sheikhupura district.
The petitioner had pleaded that no subject specialist could be posted as headmaster or headmistress without a 10-year experience. Despite the fact that the subject specialists in question did not have the requisite qualification to be appointed headmasters and headmistresses, their services were placed at the disposal of Sheikhupura DCO for posting in the district.
The DCO put forward a proposal for their adjustment, whereupon Director Public Instructions (DPI) Zahid Shamim appointed them as headmasters and headmistresses.
The petitioner submitted that the subject specialists were appointed as headmasters and headmistresses in violation of the rules and asked the court to set aside these appointments by declaring the same as illegal.
The court said it was clear that the DPI had passed an order under influence of private respondents, which was not consonant with law and the Constitution and not sustainable in the eyes of law.
The court sent its order to the education secretary with the direction to look into the matter personally and pass an appropriate order preferably within two months.-PPI
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