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MOSHARRAF ALI ZAIDI vs PRESIDENT OF PAKISTAN S — 2022 PLC(CS) 1250 ISLAMABAD

Case information

Citation
2022 PLC(CS) 1250 ISLAMABAD
Court
Islamabad High Court
Year
2022
Reporter
PLC
Parties
MOSHARRAF ALI ZAIDI vs PRESIDENT OF PAKISTAN S
Subject matter
Constitutional
Provisions referred to
S. 5---C; Higher Education Commission Ordinance

Fields are extracted from the reported citation and judgment text. Where a detail is not stated in the record, it is not shown.

Judgment text as reported

MOSHARRAF ALI ZAIDI VS PRESIDENT OF PAKISTAN S.5---Chairman of Commission, restoration of--- Petitioner assailed notifications removing Chairman of Higher Education Commission on the report of Prime Minister's Task Force---Validity---High Court noticed the factor of conflict of interest of Chairman Prime Minter's Task Force which was evident from material placed before the Court---High Court expected that Controlling Authority i.e. Prime Minister would ensure that Higher Education Commission would under take independent, transparent and fair audit and evaluation of institutes/centers wherein Chairman Prime Minister's Task Force had interest and which had received substantial funding from public exchequer---Such course of action was important for Controlling Authority i.e. Prime Minister, to demonstrably dispel any perception to the effect that notification in question was issued to avoid implementation of policy of Higher Education Commission to conduct transparent and independent audit and evaluation, particularly in case of entities in which Chairman Prime Minister's Task Force had or continued to have a direct or indirect interest--- High Court further observed that Controlling Authority would restrain Chairman Prime Minister's Task Force from interfering or in any other manner whatsoever dealing with affairs of Higher Education Commission---High Court declared that notifications, dated 26.03.2021 and 05.04.2021, were issued without lawful authority, contrary to amended provisions of Higher Education Commission Ordinance, 2002 and were set aside---High Court restored Chairman of Higher Education Commission---Constitutional petition was allowed accordingly.

Other judgments reported in 2022 PLC

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