Pakistan Case Law
1994 SCMR 1789

PAKISTAN BACHELOR OF TECHNOLOGY ENGINEERS COUNCIL through Chairman and anothers vs THE UNIVERSITY OF ENGINEERING AND TECHNOLOGY LAHORE through ViceChancellor and 4 others

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Citation1994 SCMR 1789
CourtSupreme Court of Pakistan
Case No.Civil Petition for Leave to Appeal No, 719-L of 1992 C.P. No, 264-K/1989 and
Date1993-11-23
Judge(s)Shafiur Rahman and Saleem Akhtar
Authored byShafiur Rahman
ResultLeave granted
Summary

This matter concerns a petition for leave to appeal filed by the Pakistan Bachelor of Technology Engineers Council against the University of Engineering and Technology, Lahore. The core legal question involves the determination of a specific point of law that has previously been raised in other pending matters before the Supreme Court of Pakistan. Upon consideration, the Court held that leave to appeal should be granted to ensure consistency in judicial determination, as the same legal issue is currently under review in other cases, specifically Muhammad Sadiq v. University of Sindh (C.P. No. 264-K of 1989) and Absar Hussain v. Pakistan through Secretary, Ministry of Education, Islamabad (C.P. No. 103-K of 1989), where leave to appeal has already been granted. The key principle laid down is that where identical questions of law are pending adjudication in other matters where leave has been granted, it is appropriate to grant leave in the instant case to maintain uniformity and avoid conflicting decisions on the same legal question.

Questions settled in this judgment
  • Is it appropriate to grant leave to appeal when the same question of law is already pending in other cases where leave has been granted?
leave to appealquestion of lawjudicial consistencyappellate jurisdictionSupreme Court practice

ORDER

1. SHAFIUR RAHMAN, J.---Leave to appeal is granted as the same question of law has been raised in Muhammad Sadiq v. University of Sindh (C.P. No, 264-K of 1989) and Absar Hussain v. Pakistan through Secretary, Ministry of Education, Islamabad (C.P. No, 103-K of 1989) in which leave to appeal has already been granted.

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