Justice Muzammal Akhtar Shabbir of the Lahore High Court on Tuesday sought reply from the Punjab government and the Punjab Education Foundation in a petition challenging constitution of Board of Directors (BoD) of the Punjab Education Foundation. A lawyer, Chaudhry Shoaib Saleem advocate, challenged the constitution of BoD of PEF. Arguing before the court, the petitioner said the chief justice of the Lahore High Court vide its order dated 27th January 2017 had directed the Punjab Education Foundation to reconstitute the Board in the light of amended Act of the foundation within 30 days.
But the Secretary Schools Education illegally and unlawfully issued the notification for the appointment of MPA Engineer Qamar-ul-Islam Raja and MNA Rana Muhammad Afzal, as member Board of Directors, in violation of the PEF Act 2004. The petitioner said that the secretary schools education is himself a member of the Board of Directors and how come he can issue the notification for the appointment of other members of the Board.
The summary for the reconstitution of the PEF Board of Directors should have been originated from the schools education department and then forwarded to the chief minister through the chief secretary for its final approval by the Punjab governor, the petitioner argued. He said all the attached autonomous institutions are run under the Punjab Government Rules of Business 2011 and only the government of Punjab has the authority and mandate to appoint the members of PEF Board of Directors and according to section 12 of the said rules all executive orders of the government shall be issued in the name of the governor.
Chaudhry Shoaib Advocate said that Engr Qamar-ul-Islam, after being illegally and unlawfully nominated as member of PEF Board, himself assumed the charge of chairman of the Board as no meeting of the Board was ever conducted to elect him as chairman as per Section 5 of the Punjab Education Foundation Act 2004. After hearing the arguments, the court sought para-wise comments from the Punjab government and the PEF and adjourned hearing for 13 June, 2017.
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