Law: Federal Board of Intermediate and Secondary Education Act, 1975

Section: 8(2)(f),(h)

Federal Board of Intermediate and Secondary Education Act (LXVIII of 1975)--- ----S. 8(2)(f), (h)---Education institution---Affiliation, withdrawal of---Pre-conditions---Petitioner was aggrieved of withdrawal of provisional affiliation of his college by Federal Board of Intermediate and Secondary Education---Validity---Show cause notice and order in question were issued by one of the Directors of the Board, who was vested with no authority under Federal Board of Intermediate and Secondary Education Act, 1975, to issue such show cause notice or order in question---Even if show cause notice and order for withdrawal of affiliation was issued by Director on the direction of Chairman, the Chairman was also vested with no authority to issue the order, as power to withdraw affiliation were vested with the Board of Governors and was to be exercised after grant of prior approval from Federal Government in accordance with S. 8(2)(f) of Federal Board of Intermediate and Secondary Education Act, 1975, after ordering an inspection for such purpose---High Court set aside order of withdrawal of affiliation as the same was coram non judice---Constitutional petition was allowed, in circumstances. Lahore Development Authority through D.G. and others v. Ms. Imrana Tiwana and others 2015 SCMR 1739 rel. JUDGMENT BABAR SATTAR, J.---The petitioner is aggrieved by order dated 02.08.2022, pursuant to which his college (i.e. PACE College) has been disaffiliated from the Federal Board of Intermediate and Secondary Education, Islamabad (Board), by the Director (Affiliation and Quality) of the Board (i.e. respondent No.3). 2. The learned counsel for the petitioner stated that the impugned order had been passed in breach of the guarantee under Article 10-A of the Constitution as no hearing was convened before the impugned order was passed. He further stated that the impugned order was without lawful authority as pursuant to section 8(2)(f) of the Federal Board of Intermediate and Secondary Education Act, 1975 (Act), the Board is vested with power to withdraw affiliation with the prior approval of the Federal Government and in the instant matter no approval was solicited from or granted by…

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