The Islamabad High Court on Thursday issued notices in a petition challenging the appointments of Shafqat Mehmood, Minister for Federal Education and Professional Training, and Muhammad Rafiq Tahir, Head of National Curriculum Council (NCC) project.
A single bench of the IHC comprising Justice Akhtar Kayani heard the petition and issued notices to Shafqat Mehmood, Muhammad Rafiq Tahir and Attorney General for Pakistan directing them to submit their replies within 15 days.
Muhammad Zubair Malik Advocate through Dr GM Chaudhry Advocate has filed the petition. He has questioned the ultra vires of the Rules of Business, 1973, and their consequential appointment.
In the petition, Malik made the Minister for Federal Education and Professional Training, head of National Curriculum Council (NCC) project, Federation of Pakistan through Prime Minister of Pakistan, Prime Minister's Office, Ministry of Federal Education and Professional Training (FE&PT) through secretary, secretary Cabinet Division, secretary Establishment Division and others as respondents.
The petitioner stated that respondent Tahir who is the ex-Joint Educational Adviser (BPS-20) has been appointed as head of NCC project without advertising the post in the national press which is a mandatory condition for making any appointment in the light of Supreme Court's directions.
He adopted that in this connection it is also relevant that after the Constitution (18th Amendment) Act, 2010 the functions relating to educational policy, planning and management, etc, have been devolved to the provinces and matters regarding the ICT are the domain of the provincial government and the chief commissioner, Islamabad Capital Territory (ICT), is the "provincial government" for the purposes of ICT under the provisions of the Islamabad Capital Territory (Administration) Order, 1980 and in this way even the appointment of Shafqat Mehmood is also ultra vires, coram non judice, unconstitutional and mala fide and is liable to be set aside.
He prayed to the court to issue the writ that under which authority of the Constitution of the Islamic Republic of Pakistan and law, the respondent Tahir has been appointed as the head of NCC project and exercising powers as such without advertisement of the post in the national press and the said notification be set aside ab initio and all monetary gains in terms of salary, allowance and other perks and privileges by him be recovered as the arrears of the land revenue.
He also requested the court to ask under which authority of the Constitution and the law Mehmood is holding the office of the federal minister for federal education and professional training when there is no such like subject in the Federal Legislative List (FLL) read with Articles 1(2)(b), 142(d) and 258 of the Constitution and all functions and powers relating to education are devolved to the provinces and he be set aside ab initio and all monetary gains in terms of salary, allowance and other perks and privileges by him be recovered as the arrears of the land revenue.