P L D 2003 Peshawar 57

Before Abdul Rauf KhanLughmani and Muhammad Qaim Jan Khan, JJ

PUBLIC HIGH SCHOOL AND COLLEGE, HANGU through Shabbir Ahmed Khan and others‑‑‑Petitioners


ZILLA NAZIM, HANGU and 2others‑‑‑Respondents

Amended Writ Petition No. 1401 of2001, decided on 17th October 2002.

North‑West Frontier Province Local Government Ordinance (XIV of 2001)‑‑‑–

‑‑‑S. 18‑‑‑Constitution of Pakistan (1973), Art. 199‑‑‑Constitutional petition ‑‑‑ZilaNazim‑‑‑Functions and powers‑‑‑Dissolution of Board of Governors of private school ‑‑‑Zila Nazim had issued a notification whereby the Board of Governors of a private Public HighSchool was dissolved‑‑ Petitioner, the school, claimed to be a private school and raised a plea that Zila Nazim could not dissolve the Board of Governors‑‑‑Validity‑‑‑No power had been conferred on Zila Nazim to dissolve the Board of Governors of private school or even to interfere in private schools under S. 18 of North West FrontierProvince Local Government Ordinance; 2001‑‑‑Notification issued by Zila Nazim was illegal, without jurisdiction and of no legal effect‑‑‑HighCourt directed Zila Nazim to refrain from interference in the matter of the public High School‑‑‑Petition was allowed accordingly.

M. Mohibullah Kakakhel forPetitioner.

Wali Khan Afridi for RespondentNo. 1.

Tariq Javaid, A.A.‑G. for respondents Nos. 2 and 3.

Date of hearing: 17th October;2002.


MUHAMMAD QAIM JAN KHAN, J.‑‑‑TheConstitutional petition in hand is directed against Notification No.56/ZN (H), dated 3‑11‑2001, vide which respondent No.1 has dissolved the Board of Governors of Public High School, Hangu. It is alleged that the petitioner isa private school located at Hangu and petitioners 1 to 5 are members of theBoard of Governors of the said school; that the administration/management ofthe petitioners school is being carried out through a Board of Governors andthe children of locality are allowed admission in the school on payment of fee;that respondent No. 1 is Zila Nazim, Hangu whereas respondents 2 and 3 areControlling Authorities of the local bodies; that the Public School, Hangu wasestablished in 1980 as a private school and was run initially in a rentedbuilding and through the efforts of the management of the school, the schoolhas made a lot of progress and 1200 students are studying in various Classesfrom KG to higher secondary; that respondent No. 1 being Zila Nazim has issuedNotification No.56/ZN(H), dated 3‑11‑2001, vide which he hasdissolved the Board of Governors of the petitioners school; that the impugnedNotification is without jurisdiction and is an act of highhandedness andillegal and respondent No. 1 in a way has taken over the school and is tryingto run/handle the affairs of the school himself as reflected from theNotification and that respondent No. 1 has no legal authority to interfere inprivate school and even in Government Schools. The Public School, Hangu is not founded by any Government Organization or even by Zila Nazim. The studies of the students are adversely suffering because of the interference of the respondents. Moreover, respondent No. 1 is not an educationalist and by his act, the whole affairs of the school will be destroyed; that the impugned notification is mala fide, without jurisdiction and issued for ulterior motives and is of no legal effect, hence this petition.

2. We have heard the learned counsel for the petitioners as well as respondents. Counsel for the respondents mainly argued that the petitioners’ school is not a private school and on this behalf, he produced Revenue Record, according to which the ground underneath and the building has been specified as Kachahri and that the said school is in the ownership of the Government. This contention of the respondent’s counsel holds no ground because the ownership of the land and building is not disputed. It may be a private school, can be run in rented premises and the petitioners do not claim the ownership of the land and building. As far as the nature of the school is concerned, on this behalf learned; counsel for the petitioners has placed a photostat copy of the renewal of registration of private schools and S. No.25 the name of Public High School, Hangu is given and the registration is renewed. So it is well‑established that the petitioner’s school is a private school. Now with regard to the powers of Zila Nazim, section 18 ofNorth‑West Frontier Province Local Government Ordinance, 2001, deals with the functions and powers of Zila Nazim. For convenience sake we will reproduce the whole section:

“18. Functions and powers of Zila Nazim ‑‑‑(1) The functions and powers of the Zila Nazim shall be to‑‑‑

(a) provide a vision for the district‑wise development, leadership, and direction for the efficient functioning of the DistrictGovernment.

(b) develop with the assistance of the district Administration strategies and time frame for the accomplishment of the relevant goals approved by the Zila Council;

(c) ensure implementation of the functions decentralized to the District Government.

(d) oversee the formulation and execution of the annual development plan, delivery of services, and functioning of the DistrictGovernment;

(e) present proposal to the Zila Council for approval of the budget for District Government. Zila Council and infra‑district fiscal transfers;

(f) maintain administrative and financial discipline in the District Government;

(g) present tax proposal to the Zila Council;

(h) the present report on the performance of theDistrict Government in person to the Zila Council at least twice a year;

(i) preside over the meetings of the Zila Mushawarat Committee;

(j) take charge, organize and prepare for relief activities in disasters or natural calamities;

(k) authorize an officer of the District Government to sign documents on its behalf.

(l) initiate inspections of TehsilMunicipal Administration. Town Municipal Administration and UnionAdministration in the district pursuant to section 135;

(m) establish and supervise the working of the Internal AuditOffice;

(n) issue executive orders to the DistrictCoordination Officer and Executive District Officers for the discharge of the functions decentralized to the District Government;

(o) to represent District Government on public and ceremonial occasions; and

(p) perform any other function as may be assigned to him by the government.

(2) The Zila Nazim shall not employ an advisor, special assistant, or a Political Secretary other than support staff allocated to his office from amongst the officials available in the district.”

From the bare perusal of section18, no power has been conferred on Zila Nazim to dissolve the Board of governors of private school or even to interfere in private schools. So in this background of the case the writ petition is accepted, Notification No.56/ZN(H), dated 3‑11‑2001 is hereby declared as illegal without jurisdiction and of no legal effect, and respondent No. 1 is directed to refrain from interference in the matters of the petitioners (Public High School. Hangu). No orders as to costs.

Q.M.H./664/P Petition allowed.