PEF BoDs challenged in LHC

LAHORE - A writ petition Wednesday was moved to the Lahore High Court challenging constitution of new Board of Directors of Punjab Education Foundation made in violation of Punjab Education Foundation Act, 2004.
A lawyer petitioner Advocate Ch Shoaib Saleem had filed the petition submitting that the Board of Directors of the Foundation completed its term on March 18, 2014.  
He said on Dec 22, 2014, Punjab School Education Department Secretary issued a notification No. SO(ER-II) 2-3/2007(P) and constituted a new board of director. He said the new board of directors was against the law under the said foundation was established.  
He said the new board of directors of PEF included MNA Saira Afzal Tarar, MNA Rana Afzal, MPA Engineer Qamar-ul-Islam Raja, Provincial Ombudsperson, Prof Dr Mira Phailbus and Commissioner Afzaal Bhatti, PEF vice-chairman Dr Amjad Saqib and Strategy and innovation Unit Chief Minister’s Secretariat Chairman and Punjab Examination Commission chairperson Dr Zafar Iqbal Qureshi.
The petitioner said that the above said respondents are public servants as they are holding various public offices and do not fall within the definition of private persons which are necessarily to be included from private sector as per Section 5 (1) (2) of Punjab Education Foundation Act – 2004.
“They are not eligible for being the members of the Board of Directors, hence they had to explain under which authority of law they are holding the office of directors of the Punjab Education Foundation when they are public servants and are holding various government offices,” the petitioner added.   
He said that the Punjab Education Foundation is a successful initiative and a good practice of public private partnership for serving the interest of public at large.
He submitted that there has been massive financial embezzlement and misappropriation in the Punjab Education Foundation and an inquiry was launched by Chief Minister’s Inception Team (CMIT). He said a report was issued by the CMIT on June 20, 2014 wherein registration of criminal cases was also directed against the top level management officials besides conducting an independent and impartial audit of the financial and other matters of the foundation.
He stated the constitution of the present board of directors is clear violation of the statutory law and malafide on the part of the government to get complete hold of the foundation although it has sufficient representation in decision making.
He prayed the court to set aside the impugned notification No So(ER-II)2-3/2007(P) issued by Punjab School Education Department Secretary by Dec 22 last year for the constitution of new BoDs comprising the above said respondents.

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