| Citation(s) |
|---|
| 2018 SLG 743 2018 SLD 743 2018 MLD 624 |
Writ Petition No. 2777 of 2016, decision Date : 19-01-2018, hearing Date : 23-10-2017
Shahid Hamid, Ms. Asma Jahangir, Usama Malik, Syed Hamid Ali Shah, Syed Ishfaq Hussain Naqvi, Husnain Ali Ramzan, Nadeem Ahmad, Khurram M. Hashmi, Muhammad Wajid Hussain Mughal, Munsif Khan alias Mohsin Ghaffar, Misbah un Nabi for Petitioners. Afnan Karim Kundi, Additional Attorney General and Raja Khalid Mehmood Khan, Deputy Attorney General for
Respondent No. 1. Muhammad Faisal Khan and Umer Tariq for
Respondent No. 2. Barrister Qasim Wadud, Iftikhar Ahmad Bashir and Muhammad Faisal Khan, Wasi Ullah Khan Surrani for Applicants.
COMPANY SECRETARY AND 3 OTHERS
VS
FEDERATION OF PAKISTAN THROUGH SECRETARY, CAPITAL ADMINISTRATION AND DEVELOPMENT DIVISION, ISLAMABAD AND ANOTHER
Law:
Section:
(a) Private Educational Institutions (Registration and Fee Determination) Rules, 2016--- ----Rr. 3, 4 5---Fresh registration---Quantum of fresh registration fee---Petitioners were owners of private educational institutions and were aggrieved of high quantum of fresh registration fee fixed by authorities---Plea raised by Private Educational Institutions Regulatory Authority (PEIRA) was that high rate of fee was due to capacity of Institutions to pay the same and also due to the fact that PEIRA was an autonomous body and needed resources / funds for running its affairs---Validity---High Court declared provisions of Schedule II to Private Educational Institutions (Registration and Fee Determination) Rules, 2016, as unreasonable and struck down the same. (b) Islamabad Capital Territory Private Educational Institutions (Registration and Regulation) Act (XI of 2013)--- ----S.19---Private Educational Institutions (Registration and Fee Determination) Rules, 2016, Rr. 4(6) 29---Penalty---Scope---Provisions of Rr.4 and 29 of Private Educational Institutions (Registration and Fee Determination) Rules, 2016, provided fine of Rs.3000/- and 2000/- respectively for each day during the period of offence---Validity---Provisions of S.19 of Islamabad Capital Territory Private Educational Institutions (Registration and Regulation) Act, 2013, provided that whoever violated provisions of the Act or Private Educational Institutions (Registration and Fee Determination) Rules, 2016, would be liable to be punished with imprisonment which could extend to one year or with fine which could extend to Rs.5000/- for each day during the period of offence---High Court set aside the provisions of R.4(6) and 29 of Private Educational Institutions (Registration and Fee Determination) Rules, 2016, as the same were ultra vires S.19 of Islamabad Capital Territory Private Educational Institutions (Registration and Regulation) Act, 2013. (c) Private Educational Institutions (Registration and Fee Determination) Rules, 2016--- ----R. 6---Constitution of Pakistan, Art. 18---Conditions for registration---Scope---Provisions of R.6 of Private Educational Institutions (Registration and Fee Determination)…
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