' Haider Ali Pirzada, J.--This petition under Article 199 of the Constitution of Islamic Republic of Pakistan, 1973, has been filed against the respondents for a declaration that the Government Jinnah Law College, Hyderabad, is entitled to a third share in the 232 shops and in the petrol pump, plot attached to the City Arts College, the Sind College of Commerce and the Jinnah Law College, Hyderabad, and to a similar share in the past accumulated rents, profits and benefits of the said properties. The petitioner prayed for a further relief directing the respondent No, 1 to make over the aforesaid share to the said law college through the Board of Governors.
2. The brief facts giving rise to this petition are that on 23rd August, 1951, Renaissance Educational Society was registered under the Societies Registration Act No, XXI of 1860, under registration No, 344 of 1952. The said society was established primarily for the purpose of promotion and provision of cultural, educational and research activities at all levels.
3. The said society owned, (1) City Arts College, (ii) Sind College of Commerce and (iii) Jinnah Law College. All the colleges are situated in a compact area popularly known as Campus Fakir-ka-Pir, Hyderabad.
4. The said society built a complex of 232 shops on the fringe of the Campus Sarwar Nooh Road and were let out on rent to various people. A plot of land measuring 9,000 square feet was also let out to a petrol dealer.
5. That upon the promulgation of M.L.R. 118 on 29th March, 1972 (hereinafter referred to as the M.L.R.) in September, 1972, the respondents took over the control and management of City Arts College and Sind College of Commerce alongwith all the properties including 232 shops and the plot of land measuring 9,000 Sq. Feet let out to the petrol pump.
6. When the M.L.R. Was promulgated there was already in existence an Ordinance called The West Pakistan Educational and Training Institution Ordinance (Ordinance No,XI of 1960). In exercise of the powers conferred by subsection (2) of section 1 and section 4 of the said Act read with West Pakistan Government Educational and Training Institutions (Amendments) Act, 1972, the Governor of Sind directed that all law colleges under the administrative control of the Sind Governor shall with effect from 16th March, 1973 be governed by a Board of Governors.
7. The petitioners averred in the petition that the Jinnah Law College, Hyderabad, has been running under financial strain and very often the revenue of the college from the fees recovered from the students is far short of expenses incurred by the college. It was averred that the management of the college finds it impossible to expand the educational and extra-curricular activities of the college consistent with the growing number of students who are joining it or to undertake even the smallest capital expenditure or employ additional staff on reasonable terms. It has been further averred that the college is entitled under the law to at least one-third share of the income accumulated by rents and profits of 232 shops belonging to the said three institutions and to a similar share in the rents and profits of the petrol pump ground which has been let out to a petrol dealer. The said share in the income would help the college a great deal is revenue requirements and in meeting and in improving its standard.
8. The first petitioner approached the authorities to get one-third share in the rents and profits of 232 shops and petrol pump. The request not having been granted, the first petitioner on 18th September, 1979 moved the Secretary, Law Department, Secretary Educational Department and the Director of College Education for the same purpose; the Deputy Secretary, Law Department by his letter, dated 27th September, 1979 enquired from the Secretary, Education Department about the action taken on the letter of the first petitioner and according to the first petitioner, no attention was paid to this request of the Deputy Secretary, Law Department. On 21st October, 1979, 20th November, 1979, 14th December, 1979, 29th November, 1979 and 11th February, 1980, the Law Department sent reminders to the Secretary, Education Department, but when there was no reply and thereupon the petitioners moved this petition. The respondent No, 1 has filed counter-affidavit, to the above petition, in which it has been averred that the Jinnah Law College was one of the five educational institutions run by the Renaissance Educational Society, situated in the same Campus.
The institution was established in the year 1963. The shopping Centre, however, came into existence in the year 1971. The shopping Centre from its very start remained as an attached property of the Government City College and continues as such upto date. It (shopping Centre) remained under the management of the abovementioned society for a small duration of one year and nine months only (pre-nationalisation period of shopping Centre from January 7, to September, 1972). Being the attached property of Government City College, Hyderabad, it was taken over by the Government Sind Educational Department in pursuant to M.L.R. 118 with effect from 1st September, 1972. It has been further averred that no financial benefits or assistance have ever been accrued to the Jinnah Law College during the pre-nationalisation from the shopping center which is evident from the relevant cash books. There was absolutely no contribution of the Jinnah Law College in the building or the shopping center from its sources.
9. In support of the above petition, Mr. Mohammad All Sayeed has urged that the Jinnah Law College is entitled to one-third share in the rents and profits of 232 shops and a petrol pump.
10. On the other hand Mr. A.R. Akhtar has reiterated the pleas contained in the counter-affidavit; namely, that the portion of the building in which Jinnah Law College is functioning has been built by the Renaissance Educational Society, from the funds exclusively provided by the City College and Sind College of Commerce and the matching funds provided by the Government of Sind education development to aforesaid institutions. In fact there was absolutely no contribution of Jinnah Law College in the building or the shopping centre from its resources. The Jinnah Law College was simply allowed the facilities of usage of the building and had been managing itself from its own resources, without any assistance from the shopping centre.
11. In order to appreciate the contentions of the parties, it is necessary to reproduce paras. 7 and 10 of M.L.R. 118 and Sections 3(2), 4(2), (3), (4) and (10) of the West Pakistan Government Educational and Training Institution Ordinance, 1960 (Act XI of 1960).
Para. 7 of M.L.R. 118(1) No person who owns or manages a privately-named college or a privately- managed school shall-(a)employ or engage any person for the purposes of the college or school, other than a person who was so employed or engaged immediately before the fifteenth day of March 1972; or
(b) save as otherwise provided in sub-paragraph (2) change the terms and conditions of service of any person in his employment immediately before the fifteenth day of March, 1972."
(2) "As from the 1st day of October, 1972, the teachers of all privately, managed colleges and privately-managed schools shall be entitled to the same scales of pay to which the teachers of equivalent qualifications, seniority and experience in the colleges and schools maintained by Government are entitled."
Para. 10 of M.L.R.
118. "All rights, properties, assets, liabilities, debts and obligations of the owner or manager of any privately-managed college or privately-managed school which is vested in the Central Government or a Provincial Government under or by virtue of this Regulation shall, insofar as they relate to the management of such college or school, be the rights, properties, assets, liabilities, debts and obligations of the Central Government or, as the case may be, the Provincial Government."
' SECTION 3(2) OF WEST PAKISTAN ' GOVERNMENT EDUCATIONAL AND TRAINING INSITUTION ' ORDINANCE, 1960. "The Board shall be a body corporate, shall have perpetual succession and a common seal, with power to enter into contracts and to acquire and hold property, SECTION 4(1) CONSTITUTION OF THE BOARD.
SECTION 4(2) SECTION 4(3) SECTION 4(4) movable and immovable, and shall in its corporate name sue and be sued."
"The Board shall consist of not more than nine members to be appointed by the Governor of "West Pakistan". "One of the Members shall be appointed by the Governor of West Pakistan to be the Chairman of the Board." "Official Members, if any, shall be appointed by designation."
"Non-official Members, if any, shall hold office for a period of three years and shall be eligible for re- appointment."
' SECTION 10 ' Property "All property, movable or immovable, vesting in Government in connection with the affairs of the institution immediately before the said day shall vest in the Board. In the event of Government rescinding the notification made under subsection (2) of section 1, the property vesting in the Board shall stand transferred to government".
11. From the letters and reminders it is apparent that the Jinnah Law College never received any share in rents and profits from the 232 shops and petrol pump. It seems that in pursuance of notification dated 31st August, 1972 (Annexed to the Petition) the Acting Principal took over the charge of the institution only.
12. In pursuance of Notification No, SO(Teach)IV(5)72, dated 8th March, 1973 all the Law Colleges under the administrative control of the Sind shall with effect from 16th March, 1973 be governed by the Board of Governors.
13. According to section 10 of the West Pakistan Government Educational and Training Institutional Ordinance, 1960, all properties of the Jinnah Law College vested in the Board of Governors. It seems that from 16th March, 1973 no steps were taken by the Board of Governors for recovering one-third share from rents and profits accrued from said shops and petrol pump.
14. Reverting to the question, as to whether the 232 shops and petrol pumps are attached to all the three colleges or to the City College and Sind College of Commerce which were taken over by the Sind Educational Department with effect from 1st September, 1972. This position was not challenged before us. In our view this point involves the determination of disputed questions of fact. It seems that the Jinnah Law College was never permitted to share in one-third rents and profits. The petitioners have not brought any document showing that the Jinnah Law College was getting one- third share in the rents and profits. On the contrary the letters which were brought on record clearly show that the respondents never paid any heed. Paying a "deaf-ear" to the repeated demand (from 1977 to 1979) of the first petitioner for entitlement of one-third share in the rents and profits of the shopping center and petrol pump. The said two institutions enjoyed the same to the exclusion of the Jinnah Law College.
' We would not like to grant any declaration that the Jinnah Law College is entitled to one-third share in the rents and profits.
' There will be no orders as to costs.