SHAFI-UR-REHMAN, J.-The petitioner, a Christian social worker, seeks leave to appeal against the judgments of the Lahore High Court whereby a constitutional petition filed by him was dismissed and also a petition seeking review of the dismissal order.
2. The petitioner had challenged by separate writ petitions the nationalization of Christian Educational Institutions under Martial Law Regulation No. 118. While those petitions were pending he instituted yet another petition challenging the posting of respondent No. 2 as Headmaster of Sacred Heart Cathedral High School, and super session, in the matter of promotion to the post of Headmaster, of certain other Christians not made parties but their names are enumerated in para 5 of the petition. The grounds on which he objected to the posting of a non-Christian Headmaster was the unsigned note of an interview with the then President of Pakistan in October, 1972 wherein, according to the petitioner, an assurance was held out that Christian Institutions will be run by the Government concerned through Autonomous Boards on which Christians would have effective representation and their identity as such would be maintained. The other was said to be an opinion recorded by the Law Department of the Government of Punjab wherein an advice was tendered to the Education Department that by "attached property" was meant only that property which was attached to the Nationalized schools and colleges and was specifically being used as such at the time of their Nationalization. On the legal plane he invoked the fundamental rights of the Christians to manage their own affairs and to lookafter their own Institutions.
3. The learned Judge in the High Court dismissed the constitutional petition holding that there were no fundamental rights such as may be enforced in respect of the claim made by the petitioner. It was also noted that the petitioner was neither a teacher in the Institution nor one employed in the Education Department. Finding the petition to be frivolous it was dismissed. An effort of the petitioner to get that order reviewed also failed.
4. The vires of the Martial Law Regulation No. 118 by which the Educational Institutions were nationalized is not in issue before us. It is the subject-matter of other pending constitutional petitions. We would not in any manner touch that ground.
5. As regards the two documents referred to by the petitioner they have not, even if accepted as authentic, the force of law nor do they bind the Courts or are of assistance in interpreting or applying the law. If an assurance outside the four corners of the law is held out by the Executive, Court process is not the forum for seeking its recognition ors enforcement. The petitioner being a social worker and there being others directly affected by the posting or promotion of a non- Christian Headmaster they could legitimately take up the cause. There is no fundamental right with regard to the posting, transfer or promotion as such.
6. We do not find any merit in the petition which is dismissed.