Pakistan Case Law
1999 SCMR 1122

PROVINCE OF PUNJAB, through Secretary Health, Government of Punjab, Lahore and others vs Miss KIRAN AKHTAR and others

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Citation1999 SCMR 1122
CourtSupreme Court of Pakistan
Case No.Civil Petition for Leave to Appeal No,745-L of 1997 Writ Petition No,2859 of
Date1998-06-06
Judge(s)Irshad Hasan Khan and Ch. Muhammad Arif
Authored byIrshad Hasan Khan
ResultOrder accordingly
AI Summary — generated from this judgment; read the full text below and verify before relying on it.

This petition for leave to appeal challenged an interim order passed by the Lahore High Court in a pending writ petition. The High Court had directed the admission of respondent No. 1 to a Medical College in Rawalpindi on a provisional basis while the writ petition remained at the motion stage. The core legal question before the Supreme Court was whether it should interfere with an interim order passed by the High Court during the pendency of a writ petition. The Supreme Court observed that it does not ordinarily interfere with interim orders of the High Court. However, noting that the writ petition had been pending since May 1997, the Court disposed of the petition for leave to appeal with a direction to the High Court to decide the main writ petition before the court's vacation. The Court further clarified that the petitioner retained the liberty to raise all relevant points for the redress of their grievances during the final adjudication of the writ petition. The petition was disposed of accordingly.

Questions settled in this judgment
  • Does the Supreme Court ordinarily interfere with an interim order passed by the High Court?
  • Can the Supreme Court direct the High Court to dispose of a pending writ petition before the court's vacation?
interim orderwrit petitionleave to appealprovisional admissionjudicial restraintexpeditious disposal

ORDER

' IRSHAD HASAN KHAN, J.---This petition for leave to appeal is directed against the interim order, dated 20-2-1997 passed by the Lahore High Court, Lahore in Civil Miscellaneous No,2 of 1997 in Writ Petition No,2859 of 1997, whereby the respondent No,1 has been directed to be admitted to Medical College, Rawalpindi on provisional basis till the final decision of the writ petition, which is still at motion stage.

2. We have heard the learned counsel for the petitioner. This Court does not, ordinarily, interfere with an interim order of the High Court. Be that as it may, since the writ petition is in motion since May, 1997, we, therefore, direct the High Court to dispose of the same before vacation. Of course, the petitioner shall be at liberty to raise all points for redress of his grievances as are sought to be agitated in these proceedings.

4. With the above observation, this petition stands disposed of. Copy dasti.

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