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ISLAMABAD: Insaf Students Federation (ISF), the student body of Pakistan Tehreek-e-Insaf has challenged the direct intervention by establishment division in High Education Commission, an autonomous body, in Islamabad High Court. Filling a writ petition in Islamabad High Court (IHC), Insaf Students Federation, made federal government, the HEC chairman, its executive director and Dr Atta ur Rehman, former chairman/founder of HEC as respondents. ISF adopted before the court that HEC was established under the Higher Education Commission Ordinance 2002 and as per law only 18-member commission of the HEC was the appointing authority of the ED. Central President of ISF, Farrukh Habib, the petitioner along with Ch Arslan, has prayed in the petition to the court to suspend the appointment of new ED. It is not a matter of any individual but the autonomy of an insitution which is playing a vital role for a prosper Pakistan, he explained. Farrukh Habib said that the petition is filed through advocate Farrukh Dall. ISF has also issued a fact paper on the current issue for the awareness of masses.http://tinyurl.com/ISFFactPaperOnHEC
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BEFORE THE ISLAMABAD HIGH COURT, ISLAMABAD
W.P. No.__________/2012
Farrukh Habib
Versus
Federation of Pakistan etc
WRIT PETITION UNDER ARTICLE 199 OF THE CONSTITUTION OF ISLAMIC REPUBLIC OF PAKISTAN 1973
INDEX
Sr.No Description Annexure Page
1 Writ Petition along with Affidavit
-
2 Impugned notification dated 28.11.12
3 Letter of Respondent No.3 dated 26.11.12
4 Copy of HEC Ordinance 2002
5 Copy of HEC (Recruitment) Rules 2009
6 Application for interim relief along with affidavit
7 Exemption petition
4 Vakalatnama
Petitioner
Through
FARRUKH DALL
Advocate High Court
Federal Service Tribunal
DALL Advocates & Legal Consultants
310-Royal Centre Blue area, Islamabad.
www.dalladvocates.com
mobile; 03006007663
BEFORE THE ISLAMABAD HIGH COURT, ISLAMABAD
W.P. No.______/2012
1. Farrukh Habib Central President Insaf Students Federation, Pakistan Tehreek-e-Insaf, Central Secretariat Pakistan Tehreek-e-Insaf, house no.2, street no.84 G-6/4, Islamabad.
2. Ch Arsalan Hafeez son of ch Muhammad Hafeez President Insaf Students Federatuion Islamabad, Central Secretariat Pakistan Tehreek-e-Insaf, house no.2, street no.84 G-6/4, Islamabad.
…Petitioners
Versus
1. Federation of Pakistan, Islamabad through Secretary
Establishment Division, Islamabad. 2. Secretary Cabinet Division, Pak Secretariat, Islamabad.
3. Principal Secretary to Prime Minister of Pakistan, Prime
Minister Secretariat Islamabad.
4. Dr.Javed Lughari Chairman Higher Education Commission
Pakistan, H-9, Islamabad. 5. Major (Retd) Qamar Zaman presently holding the post of
Executive Director, Higher Education Commission Pakistan, H-9, Islamabad.
6. Dr Atta ur Rehman former Chairman/founder of Higher Education Commission, Pakistan Academy of Sciences Constitution Avenue, Islamabad.
…Respondents
WRIT PETITION UNDER ARTICLE 199 OF THE CONSTITUTION OF ISLAMIC REPUBLIC OF PAKISTAN 1973
Respectfully Sheweth:
That the address of the parties for the service of summons are true
and correct as mentioned in the head note of the petition.
That the petitioner submits that the instant writ petition involves
the issue of enforcement of fundamental rights of public at large as
the action impugned herein adversely affect the functioning of a
very important state operatus with regulatory mechanism directly
touching the public interest and the service to be provided by the
state functionaries to the public at large. The petitioner assails
hereunder the malfunctioning of the respondents in general and
the respondent No.5 in particular.
1. That the petitioners are representatives of one the largest
student organization in the country and are devoted and
committed to protect the rights of Students and also to
ensure supremacy of the Constitution and Rule of Law in the
Country.
2. That the Higher Education Commission (hereinafter called as
HEC) was established under the provisions of Higher
Education Commission Ordinance 2002 (hereinafter called
as he “Ordinance”) (Annex C) for the purposes of Quality
assurance, degree recognition, development of new
institutions and uplift of existing institutions in Pakistan.
The objects of the establishment of the Authority under
section 10 of the said Ordinance are more particularly
provided under the said Ordinance.
3. That the Ordinance was promulgated by the then President
of Pakistan and validated under Article 270AA of the
Constitution of Islamic republic of Pakistan which was
inserted by virtue of the 17th amendment Act 2003.
4. That the HEC is a statutory body created as an autonomous
federal regulatory institution and enjoys complete
administrative and financial autonomy in the exercise of its
powers and functions annunciated in the said ordinance.
5. That there has been much praise of the higher education
reforms made by HEC. The World Bank, USAID and the
British Council published comprehensive reports on the
Higher education sector applauding it and calling it “a silent
revolution”. Pakistan has also been given four prestigious
international awards for the revolutionary changes and
remarkable transformation of the higher education sector.
Prof. wolfgang voelter (Tubingen University, Germany) in his
article ‘the Golden age’ writes “a miracle happened. The
scenario of education, science and technology in Pakistan
changed dramatically as never before in the history of
Pakistan”, the Chairperson of the Senate Standing
committee on Education recently announced it as ‘Pakistan’s
golden period in higher education’. One of its achievements
is development of one of the best digital libraries in the
region. It is also pertinent to mention here that almost 4,000
scholars have participated in PhD in Pakistan and more than
600 students have studied in foreign PhD programs Under
the auspicious of HEC. The functions, duties and
obligations of HEC towards the state and public at large
make it focal Authority with vital role of provision of services
to the masses in the education sector and the facilities there-
under. Although it facilitates the development of Higher
Educational system in Pakistan and to upgrade Universities
in Pakistan, It has to play an important role and services
safeguarding the rights of state as well as the public at large.
Any malfunctioning in its affairs adversely effects the entire
nation and also the guaranteed fundamental rights of the
public at large.
6. That the petitioner seeks indulgence of this Honourable
Court under Article 199 of the Constitution of Islamic
Republic of Pakistan 1973 for appropriate direction/orders
against the illegal notification issued by Respondent No.1 by
giving the additional charge of the post of Executive Director
HEC in favor of Respondent No.5 vide order dated
28.11.2012.
7. That the post of Executive Director is of the utmost
importance and is the single most crucial factor that would
determined the functional success of HEC in the tasks it has
been given by law to perform. It is for this reason that the
law clearly provides that he will be responsible for
implementation of all the orders etc. His role is specifically
prescribed in Section 11(2) of the Ordinance as under:
“The Executive Director shall be the head of Secretariat.
The Secretariat shall act as the executing wing of the
commission and shall be responsible for implementation
of all the orders, decisions, directives, and policy of the
commission”.
8. That while performing in an illegal manner, Respondent no.1
through its notification dated 28-11-12 has appointed
Respondent No.5 as Executive Director of HEC (Annex A).
9. That the impugned Notification was passed after the
issuance of a letter dated 26-11-12 by Respondent No.3 to
Respondent No.1, by which it was directed to appoint
Respondent No.5 on the post of Executive Director (MP
Scale) HEC (Annex B).
10. That There were massive violations of rules and governing
Laws of HEC as per Laws Respondent No.1 has no role in the
affairs of HEC, thus has no authority to pass any order
regarding the appointments on MP Scales.
11. That the HEC is a statutory body and has been performing
its functions independent of any government interference for
last ten years. Under the ordinance as well as ‘Higher
Education commission Employees (recruitment) Rules 2009’
(hereinafter called as “Rules” ) (Annex D) it is specified that
the HEC itself is competent as regard to the appointment of
Executive Director.
12. That the process of recruitment in the HEC is controlled by
the provisions of Section 12 of the Ordinance which states in
relevant part as follows;
Recruitment of officers, etc.- (1) The commission
may, from time to time appoint such officers, servants,
consultants and advisors as it may consider necessary
for the efficient performance of its functions on such
terms and conditions as may be prescribed by the
Federal Government.
13. That the recruitment of the Executive Director is specified in
Section 11 of the Ordinance provides as follows:
“Secretariat of Commission. – The commission shall
appoint an Executive Director in the manner prescribed
who unless earlier removed on any of the grounds
specified in sub-section (6) of section 6 shall hold office
for four years and shall be responsible for for the
various activities of the commission”
14. That in section “6” of the Rules, it is mentioned;
“Appointing Authority.- The authorities competent to
make recruitments to the various posts in the basic pay
scales, MP Scales, and to project funded posts, shall be
as follows;--
Sr. Scale Appointing
Authority
1 MP Scales and BPS-
19/equivalent and above
Commission
2 BPS-17 to 18 and
equivalent
Chairperson
3 BPS 11 to 16 and
equivalent
Executive Director
4 BPS 1 to 10 and equivalent Member (O & P)
15. That in section “8” of the Rules, it is mentioned;
“Initial appointment.—initial appointments to the posts
in MP Scales, BPS 19 and above shall be made on the
basis of interview and recommendations by the selection
board after the vacancies have been advertised in the
newspaper”.
16. That since respondent NO.5 was given a charge of post of
Executive Director in violation of Law, Therefore, his
continuation as Executive Director is nothing but an
unwarranted malicious act being perpetuated upon the
entire nation. The said appointment is also completely
against the mandatory provisions of Law.
17. That the impugned notification is arbitrary, illegal, discriminatory,
unlawful, void ab-initio having no legal effect and of colorful
exercise of the powers and based on malafide, is coram non
judice and has no sanctity in the eyes of Law.
18. That the petitioner has no alternate efficacious remedy
except to invoke the constitutional jurisdiction of this
Honorable Court.
PRAYER:
In view of the above mentioned circumstances and facts, it is
humbly prayed that the writ petition may very graciously be
allowed against the respondent No.1 by declaring appointment of
respondent No.5 as Executive Director vide Notification dated
28.11.2012 as illegal against the mandatory provisions of law, ab
initio, without jurisdiction.
Further prayed that respondent No.5 may kindly be directed to
deposit all the remuneration and other fringe benefits
availed/received from the date of his initial appointment in the
government account in the interest of justice, transpierce and fair
play.
Any other relief deemed appropriate under the circumstances of
the case may also be granted.
Petitioner
Through
FARRUKH DALL
Advocate High Court
Federal Service Tribunal
DALL Advocates & Legal Consultants
310-Royal Centre Blue area Islamabad.
www.dalladvocates.com
mobile; 03006007663
CERTIFICATE:
As per information received from the petitioner, it is certified that
instant petition has arisen from violation / non -fulfil lment of
obligation under the law applicable and the Constitution of the
Islamic Republic of Pakistan, 1973 and no alternate remedy is
available. Further certified that subject matter of the petition is
neither sub-judice before this Hon’ble Court nor has been decided
thereby.
Counsel
BEFORE THE ISLAMABAD HIGH COURT, ISLAMABAD
W.P. No._________/2012
Farrukh Habib
Versus
Federation of Pakistan etc
WRIT PETITION UNDER ARTICLE 199 OF THE CONSTITUTION OF ISLAMIC REPUBLIC OF PAKISTAN 1973
AFFIDAVIT
I, Farrukh Habib Central President Insaf Students Federation, Pakistan Tehreek-e-Insaf, Central Secretariat Pakistan Tehreek-e-Insaf, house no.2, street no.84 G-6/4, Islamabad, do hereby solemnly affirm and declare that the contents of the accompanying writ petition are true and correct to the best of my knowledge and belief and nothing has been concealed or misstated therein.
DEPONENT______________
Verified at Islamabad on this ___ day of December 2012 that the
contents of the abovementioned affidavit are true and correct to
the best of my knowledge and belief and nothing has been
concealed or misstated therein.
DEPONENT______________
BEFORE THE ISLAMABAD HIGH COURT, ISLAMABAD
C.M. No_______/2012 W.P. No.______/2012
Farrukh Habib
Versus
Federation of Pakistan etc
WRIT PETITION UNDER ARTICLE 199 OF THE CONSTITUTION
OF ISLAMIC REPUBLIC OF PAKISTAN, 1973
PETITION U/S 151 CPC INTERIM RELIEF
Respectfully Sheweth:
1- That the Petitioners has filed the above captioned writ
petition before this Honourable Court.
2- That the Petitioners has got a good prima facie arguable
case, and has got every likelihood of success in the same.
3- That the balance of convenience and inconvenience lies in
favour of the Petitioners.
4- That if the temporary injunction as prayed for is not granted
the nation shall suffer an irreparable loss as it would lower
the highest national body.
5- That the HEC is an esteemed institution which has gotten
extra ordinary results in past being an independent body.
Interference and appointment of a bureaucrat on the most
important post is a plot against the autonomy of HEC and to
take over the charge of the commission.
PRAYER
It is therefore, humbly prayed that application may
kindly be accepted the operation of impugned notification
dated 28.11.12 may kindly be suspended and Responded
No.5 may kindly be restrained from working on the post
of Executive Director. It is further prayed that the
respondents may kindly be restrained from taking any
adverse action or doing any other act which is prejudicial
and constitute an invasion over the Autonomy Of the
commission in any manner whatsoever till final decision
of the writ petition.
Petitioner
Through
FARRUKH DALL Advocate High Court
BEFORE THE ISLAMABAD HIGH COURT, ISLAMABAD
C.M. No_______/2012 W.P. No.______/2012
Farrukh Habib
Versus
Federation of Pakistan etc
WRIT PETITION UNDER ARTICLE 199 OF THE CONSTITUTION
OF ISLAMIC REPUBLIC OF PAKISTAN, 1973
PETITION U/S 151 CPC INTERIM RELIEF
AFFIDAVIT
I, Farrukh Habib Central President Insaf Students Federation,
Pakistan Tehreek-e-Insaf, Central Secretariat Pakistan Tehreek-e-Insaf, house no.2, street no.84 G-6/4, Islamabad,do hereby solemnly affirm and declare that the contents of the accompanying writ petition are true and correct to the best of my knowledge and belief and nothing has been concealed or misstated therein.
DEPONENT______________
Verified at Islamabad on this ___ day of December 2012 that the
contents of the abovementioned affidavit are true and correct to
the best of my knowledge and belief and nothing has been
concealed or misstated therein.
DEPONENT______________
BEFORE THE ISLAMABAD HIGH COURT, ISLAMABAD
C.M. No_________/2012 W.P. No.________/2012
Farrukh Habib
Versus
Federation of Pakistan etc
WRIT PETITION UNDER ARTICLE 199 OF THE CONSTITUTION
OF ISLAMIC REPUBLIC OF PAKISTAN, 1973
PETITION U/S 151 CPC FOR EXEMPTION OF CERTIFIED COPIES OF THE DOCUMENTS
Respectfully Sheweth:
1. That the petitioner has filed the above titled writ petition
in this Honourable Court.
2. That the petitioner has also filed photo-state copies of
some documents along with the titled writ petition,
certified copies of which are not available to the
petitioner.
3. That certified copies of the aforesaid documents are not
available to the petitioner, therefore, the same may be
exempted to be produced in original or certified
It is, therefore, most humbly prayed that certified or original
copies of the annexed documents may be exempted from
production before this Honorable Court in the interest of
justice.
Petitioner
Through
FARRUKH DALL
Advocate High Court
BEFORE THE ISLAMABAD HIGH COURT, ISLAMABAD
C.M. No_________/2012 W.P. No.________/2012
Farrukh Habib
Versus
Federation of Pakistan etc
WRIT PETITION UNDER ARTICLE 199 OF THE CONSTITUTION
OF ISLAMIC REPUBLIC OF PAKISTAN, 1973
PETITION U/S 151 CPC FOR EXEMPTION OF CERTIFIED
COPIES OF THE DOCUMENTS
AFFIDAVIT
I, Farrukh Habib Central President Insaf Students Federation,
Pakistan Tehreek-e-Insaf, Central Secretariat Pakistan Tehreek-e-Insaf, house no.2, street no.84 G-6/4, Islamabad,do hereby solemnly affirm and declare that the contents of the accompanying writ petition are true and correct to the best of my knowledge and belief and nothing has been concealed or misstated therein.
DEPONENT______________
Verified at Islamabad on this ___ day of December 2012 that the
contents of the abovementioned affidavit are true and correct to
the best of my knowledge and belief and nothing has been
concealed or misstated therein.
DEPONENT______________
POWER OF ATTORNEY
IN THE ISLAMABAD HIGH COURT ISLAMABAD
__________________________________________________________
Petitioner
VERSUS
__________________________________________________________ Respondents
KNOW ALL TO WHOM PRESENTS shall come that I/We the undersigned appoint To be the advocate/solicitor for the
_________________ in the above mentioned matter to do all following acts, deeds and things in embassy or any other court of law, of these that is to say. 1. To act, appear and plead in the above mentioned case in this
Court in which the same may be tried or heard in the first instance or in appeal or revision or review or execution or in any other stage of its final decision.
2. To present pleading, appeals, cross objections or petitions for
executions review, revision, withdrawal, compromise or other petitions or affidavits or other documents as shall be deemed necessary or advisable for the prosecution / defence of the said cause at all its stages.
3. To withdraw or compromise the said case or submit to arbitration
any differences or disputes that shall arise touching or in any manner relating to the said case.
4. To employ, authorize any other legal practitioner to assist or exercise the power and authority hereby conferred on the Advocate whenever he may think to do so.
AND I / We hereby agree to ratify whatever the Advocate or his substitute shall do in this behalf AND I/We hereby agree not to hold the Advocate or his substitute responsible for the result of the said case in consequence of his balance from the court when the said case is called up for hearing..
WHEREFOR I/We hereunder set my / our hands to these presents the contents of which have been explained to and understood by me/us.
__________________________ FARRUKH DALL Signature/Thumb Impression of Client Advocate High Court
DALL
Advocates and Legal Consultants, 310-3rd Floor, Royal Centre Fazl e haque road Blue Area-islamabad.