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ISF writ petition in IHC

ISF writ petition in IHC

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Published by Arsalan Ghumman
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
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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Published by: Arsalan Ghumman on Dec 12, 2012
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12/12/2012

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BEFORE THE ISLAMABAD HIGH COURT, ISLAMABAD
W.P. No.__________/2012Farrukh HabibVersusFederation of Pakistan etc
WRIT PETITION UNDER ARTICLE 199 OF THE CONSTITUTIONOF ISLAMIC REPUBLIC OF PAKISTAN 1973
INDEX
 
Sr.No Description Annexure Page
1 Writ Petition along withAffidavit-2 Impugned notificationdated 28.11.123 Letter of Respondent No.3dated 26.11.124 Copy of HEC Ordinance20025 Copy of HEC(Recruitment) Rules 20096 Application for interimrelief along with affidavit7 Exemption petition4 VakalatnamaPetitioner Through
FARRUKH DALL 
Advocate High CourtFederal Service TribunalDALL Advocates & Legal Consultants310-Royal Centre Blue area, Islamabad.www.dalladvocates.com mobile; 03006007663
 
 
BEFORE THE ISLAMABAD HIGH COURT, ISLAMABAD
W.P. No.______/20121.
 
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 PresidentInsaf Students Federatuion Islamabad, Central SecretariatPakistan Tehreek-e-Insaf, house no.2, street no.84 G-6/4,Islamabad.
…Petitioner
s
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, PrimeMinister Secretariat Islamabad.4.
 
Dr.Javed Lughari Chairman Higher Education CommissionPakistan, 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 HigherEducation Commission, Pakistan Academy of SciencesConstitution Avenue, Islamabad.
…Respondents
 
 
WRIT PETITION UNDER ARTICLE 199 OF THE CONSTITUTIONOF ISLAMIC REPUBLIC OF PAKISTAN 1973
Respectfully Sheweth: That the address of the parties for the service of summons are trueand correct as mentioned in the head note of the petition. That the petitioner submits that the instant writ petition involvesthe issue of enforcement of fundamental rights of public at large asthe action impugned herein adversely affect the functioning of avery important state operatus with regulatory mechanism directly touching the public interest and the service to be provided by thestate functionaries to the public at large. The petitioner assailshereunder the malfunctioning of the respondents in general andthe respondent No.5 in particular.1.
 
 That the petitioners are representatives of one the largeststudent organization in the country and are devoted andcommitted to protect the rights of Students and also toensure supremacy of the Constitution and Rule of Law in theCountry.2.
 
 That the Higher Education Commission (hereinafter called asHEC) was established under the provisions of HigherEducation Commission Ordinance 2002 (hereinafter calledas
he “Ordinance”)
(Annex C)
for the purposes of Quality assurance, degree recognition, development of newinstitutions and uplift of existing institutions in Pakistan. The objects of the establishment of the Authority undersection 10 of the said Ordinance are more particularly provided under the said Ordinance.3.
 
 That the Ordinance was promulgated by the then Presidentof Pakistan and validated under Article 270AA of theConstitution of Islamic republic of Pakistan which wasinserted by virtue of the 17
th
amendment Act 2003.

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