TANVIR IQBAL SIDDIQI vs THE PRINCIPAL, OVERSEAS PAKISTANIS' FOUNDATION
The petitioner, a former Science Laboratory Assistant at the Overseas Pakistanis' Foundation (O.P.F.) Girls College, challenged the termination of his employment via a writ petition. The Lahore High Court dismissed the petition in limine, ruling that the O.P.F., while an autonomous body, was not created by statute, and therefore, the petitioner could not invoke writ jurisdiction. The core legal question before the Supreme Court was whether the O.P.F. constitutes a statutory body amenable to the writ jurisdiction of the High Court under Article 199 of the Constitution of Pakistan 1973. The Supreme Court affirmed the High Court's decision, holding that the O.P.F. is not a department of the Federal Government, was not created by statute, and does not perform functions in connection with the affairs of the Federation. Consequently, the Court held that the writ petition was incompetent, as the petitioner's remedy lay in a civil suit rather than constitutional jurisdiction. The key principle laid down is that an entity not created by statute and not performing functions in connection with the affairs of the Federation is not subject to writ jurisdiction.
- Is the Overseas Pakistanis' Foundation a statutory body subject to the writ jurisdiction of the High Court?
- Does the Overseas Pakistanis' Foundation perform functions in connection with the affairs of the Federation under Article 199 of the Constitution of Pakistan 1973?
- Is a writ petition competent against an autonomous body that is not created by statute?
- Article 199, Constitution of Pakistan 1973
MUHAMMAD AFZAL LONE,J.---The petitioner was employed as a Science Laboratory Assistant/Technician with the Overseas Pakistanis' Foundation Girls College, Islamabad. His services were terminated on 30-4-1990. He assailed the validity of the termination order through Writ Petition No. 323 -of 1992, which was disposed of at the limine stage by a learned Single Judge of the Lahore High Court, vide his order dated 22-7-1992, from which leave to appeal is sought by the petitioner. The High Court declined to intervene on the ground that O.P.F. Which runs the College though an autonomous body, yet is not the creation of any Statute. It was maintained that if the petitioner claimed the status of civil servant, he should have approached the Service Tribunal; on the other hand, the O.P.F. Being not the statutory organisation, the petitioner's remedy lay in filing a civil suit.
2. We have heard the petitioner in person. The O.P.F. Is decidedly not a department of the Federal Government. The fact that it has not been created by virtue of any Statute has also not been disputed before us. It is not shown that the Foundation performs the functions in connection with the affairs of the "Federation" within the meaning of Article 199 of the Constitution. The High Court, therefore, rightly came to the conclusion that the writ petition is not competent. We have not been persuaded to differ with the view expressed by the learned Single Judge.
There is no merit in this petition. The leave prayed for is, therefore, refused and the petition dismissed.