Higher Education Regulatory Authority (HERA) has exclusive jurisdiction in respect of the Registration and Regulation of Private Sector Universities/Institutes and Colleges of Higher Education.
Registration with HERA is mandatory under the Khyber Pakhtunkhwa Registration and Functioning of Private Educational Institutions Ordinance 2001 and rules made there-under.
The Certificate of Registration will only be issued after an institution fulfills the academic, administrative and other institutional requirements prescribed under the rules.
Registration of all those educational institutions affiliated to various universities in public sector prior to the promulgation of the Ordinance is also obligatory under the rules.
Educational Institutions of Higher Education in the private sector shall not admit students unless and until above-mentioned Registration and Affiliation processes are completed.
Periodic visitation to the educational institutions and inspection of their performance by the officer(s) or authorized representative(s) of HERA is also obligatory under the law.
HERA have got exclusive jurisdiction in respect of matters relating to disputes between the Government and registered institutions, the regulatory authority and the registered institutions, public sector universities and the registered institutions or any dispute pertaining to the staff or complaints of parents about fee structure, conditions of building of the institutions, staff employed and other allied matters.
There shall be no deviation from the approved guidelines / criteria of HERA without prior permission of the Authority by the educational institutions in the private sector.
In case of any deviation from the norms / standards / criteria or guidelines by any registered institutions, the Authority reserves the right to withdraw its registration and advise the public sector university to deaffiliate the same.
HERA has the powers of civil court under the code of civil procedure 1908 (V of 1908) in respect of the following matters:
Summoning and enforcing the attendance of any person and examining him on oath.
Requiring production of documents.
Receiving witnesses on affidavit and issuing commission for examination of witnesses or documents.
The Authority shall on issuance of show cause notice to a delinquent registered educational institution and giving its management an opportunity of being heard revoke any registration or may refuse renewal of registration on the expiry of existing registration certificate.
Universities in private sector are not allowed to affiliate any college or institute and to establish constituent colleges for a period of 10 years from the date of their registration with HERA.
In case of any transfer or change of management or premises of the institute or any circumstances of change in teaching staff, all private sector institutions/colleges registered with HERA shall be required to obtain prior approval of the same from the Authority.
The successor management shall be required to obtain No Objection Certificate from the Authority prior to entering into any transaction or purchase or any other sort of alienation or in case of any change in the management.