MUHAMMAD QAIM JAN KHAN, J.---The Constitutional 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 is a private school located at Hangu and petitioners I to 5 are members of the Board of Governors of the said school; that the administration/management of the petitioners' school is being carried out through a Board of Governors and the 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 are Controlling Authorities of the local bodies; that the Public School, Hangu was established in 1980 as a private school and was run initially in a rented building and through the efforts of the management of the school, the school has made a lot of progress and 1200 students are studying in various Classes from KG to higher secondary; that respondent No,1 being Zila Nazim has issued Notification No,56/ZN(H), dated 3-11- 2001, vide which he has dissolved the Board of Governors of the petitioners' school; that the impugned Notification is without jurisdiction and is an act of highhandedness and illegal and respondent No,1 in a way has taken over the school and is trying to run/handle the affairs of the school himself as reflected from the. Notification and that respondent No,1 has no legal authority to interfere in private 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 tide, 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 in this behalf he produced Revenue Record, according to which the ground underneath and the building has been specified as Kachahri {{URDU TEXT}} and that the said school is in the ownership of the Government. This contention of the respondents' 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 a 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, in this behalf learned. Counsel for the petitioners has placed a photostat copy of the renewal of registration of private schools and at S. No,25 the name of Public High School, Hangu is given and the registration is renewed. So it is well-established that the petitioners' school is a private school. Now with regard to the powers of Zila Nazim, section 18 of North-West Frontier Province Local Government Ordinance.
2001. Deals with 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 vision for the district-wise development, leadership and direction for efficient functioning of the District Government.
(b) develop with the assistance of the District Administration strategies and time frame for accomplishment of the relevant goals approved by the Zila Council;
(c) ensure implementation of the functions decentralized to the District Government.
(d) oversee formulation and execution of the annual development plan. Delivery of services and functioning of the District Govenment:
(e) present proposal to the Zila Council for approva of budget for District Government. Zila Council and intra-district fiscal transfers;
(f) maintain administrative and financial discipline in the District Government:
(g) present tax proposal to tihe Zila Council:
(h) present report on the performance of the District 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, organise and prepare for relief activities in disasters or natural calamities;
(k) authorise officer of the District Government to sign documents on its behalf.
(1) initiate inspections of Tehsil Municipal Administration. Town Municipal Administration and Union Administration in the district pursuant to section 135;
(m) establish and supervise the working of the Internal Audit Office;
(n) issue executive orders to the District Coordination Officer and Executive District Officers for discharge of the functions decentralised 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 section 18, 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.