The FEDERATION OF PAKISTAN vs IMTIAZ ALI QURESHI S — 2023 PLC(CS) 1421 ISLAMABAD

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The FEDERATION OF PAKISTAN VS IMTIAZ ALI QURESHI S. 7---Islamabad Capital Territory Private Educational Institutions Chairman and Member (Academic) and Member (Registration) (Appointment and Qualifications) Rules, 2015, Rr. 1 (3) & 7---Constitution of Pakistan, Art. 264 (b) & (c)---Chairman, appointment of---Retrospective effect of Rules---Appointment of respondent as Chairman under S.7 of Islamabad Capital Territory Private Educational Institutions (Regulation and Promotion) Ordinance, 2007, was set aside on the basis of decision made by Federal Cabinet and he was restored as Chairman---Authorities assailed appointment under Islamabad Capital Territory Private Educational Institutions Chairman and Member (Academic) and Member (Registration) (Appointment and Qualifications) Rules, 2015---Validity---Right was acquired by respondent on his appointment during the validity period of Islamabad Capital Territory Private Educational Institutions (Regulation and Promotion) Ordinance, 2007---Such appointment was protected in terms of Art. 264(b) and (c) of the Constitution, which had protected "anything duly done" or "any right, privilege, obligation or liability acquired, accrued or incurred" under the repealed law---Earlier in another Constitutional petition, writ of quo warranto was sought regarding appointment of respondent as Member (Academics) on permanent basis---In that other petition, appellant authorities zealously contested that petition and had defended appointment of respondent---Authorities failed to present any explanation for the volte-face for taking contradictory positions regarding respondent's appointment in the proceedings in other Constitutional petition---Division Bench of High Court declined to interfere in the judgment passed by Judge in Chambers of High Court and restrained authorities from placing any obstacle before respondent in resuming his duties---Intra Court Appeal was dismissed accordingly. Citation Name: 2023 PLC(CS) 1421 ISLAMABADBookmark this Case The FEDERATION OF PAKISTAN VS IMTIAZ ALI QURESHI Rules---Retrospective effect---Scope---Rules made in exercise of statutory powers cannot be given retrospective effect so as to adversely affect vested rights acquired by persons prior to framing of the Rules.

The FEDERATION OF PAKISTAN vs IMTIAZ ALI QURESHI S — 2023 PLC(CS) 1421 ISLAMABAD

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