Taking serious note of the federal government’s notification to reappoint the chairperson of Private Educational Institutions Regulatory Authority (PEIRA) Islamabad Ms Zia Batool for another three years, the Islamabad High Court (IHC) has issued notices to respondents in the matter.
Legality of the federal government’s notification of March 29 has been challenged before the IHC which was issued on March 22, 2023. The notification No.F.1-21/2014-Coord’PEIRA is titled as “in pursuance of Cabinet Decision Case No.171/Rule-19/2023 dated 22.03.2023 to appoint Ms. Zia Batool as Chairperson (MP-II Scale), Islamabad Capital Territory – PEIRA under Rule 7 of SRO 107 (KE) in MP(II) for initial period of three years, extendable for another term with immediate effect”.
Petitioner Advocate Muhammad Bilal filed the petition through Advocate Supreme Court Rashid Hanif making Federation of Pakistan, Establishment Division, Cabinet Division, Law & Justice Division, Prime Minister office, Higher Education Commission, and re-appointed chairperson of the PEIRA Ms Zia Batool as respondents.
Appearing before the single-member bench of Justice Mohsin Akhtar Kiyani on Thursday the counsel for the petitioner prayed to set-aside the impugned notification and directed the concerned authorities to recover salary and perks & privileges enjoyed by the incumbent chairperson of the Authority. He also requested the court to award exemplary punishment to delinquent officials responsible for ridiculing and undermining Judgments of Superior Judiciary.
It is pertinent to mention that earlier during last year on July 22, the IHC had ordered removal of Zia Batool as chairperson of the PEIRA, declaring her appointment as illegal. During 2022, Justice Mohsin Akhter Kayani announced the verdict on a petition of former member of the authority, Imtiaz Ali Qureshi. As the court annulled the October 2019 notification regarding the appointment, but stated that benefits received by Zia Batool would not be withdrawn. In its judgment, the court directed the government to de-notify Zia Batool immediately and initiate a process to fill the post under the law. It is clearly evident that Ms Zia Batool does not possess basic requisite qualification for eligibility to even apply for the post of chairman of the authority.
The court has issued directives to the respondents to submit reply in the matter on July 10,2023.
