AJK Board of Intermediate and Secondary Education Act, 1986

  1. S. 10(4) — The Chairman and the Board both in colourful exercise of their jurisdictional competence accorded approval to the promotion of respondent No.5 — They ignored the provisions of sub-section (4) of section 10 — The elementary principle  is that the persons serving in any institution are expected to function within the limits prescribed by the statute — Unfortunately functionaries of the Board exceeded their jurisdictional competence in extending benefit of B-8 to respondent No-5 — This illegal practice in fact created false hopes for promotion to others — Until and unless post of Driver is upgraded no favour can be extended to the appellants — Held: the writ petition was rightly dismissed in limine.  Shahadat Ali and 2 others v. Controlling Authority and 5 others 2003 SCR 249 (A)
  2. S. 11 — Orders of P.M. on simple application are worth nothing unless a notification would have been issued by the Govt., in accordance with provisions of Rules of Business — Govt. is the controlling authority. BISE  Mirpur and another v. Quaid College of Education for Elementary Teachers, District Bhimber and another 2003 SCR 410 (B)
  3. —Sections 12, 13 &14—Chairperson BISE—writ for retention of post by civil servant after being retired—maintainability of— Controlling Authority (Govt.) may make appointment to any post in the Board in any capacity from the civil servants—office of the Board includes the Chairman—the term of officers of the Board is three years from the date of notification of appointment, however, the same can be curtailed or reduced— Chairman is the whole time officer and the terms and conditions of the office of Chairman BISE, are regulated by the Controlling Authority—Authority is very much empowered to remove  an officer or reduce the term of office of any such officer—despite fixation of 3 years tenure, the appellant  is not entitled to continue as  Chairperson after the date of her retirement– basic appointment  as chairperson made in the capacity of DPI school, thus, appellant has no right to retain the position after reaching the age of superannuation. Prof. Anjum Afshan Naqvi v. Controlling Authority (BISE) & Others 2022 SCR 445 (A, B, C, D & E)
  4. —Section 13-A and 14—Chairperson BISE—term of office–writ—maintainability of—prior to the completion of tenure as chairperson BISE, the appellant reached the age of superannuation and retired—she has no right to retain the position after reaching the age of superannuation. Prof. Anjum Afshan Naqvi v. Controlling Authority (BISE) &  2022 SCR 445 (G) 2014 SCR 13 rel.
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