KARACHI: Prof Naushad A. Shaikh, the recently reappointed vice chancellor of the Dow University of Health Sciences, may have to wait for another week to assume his office after the Sindh High Court on Friday once again suspended the operation of his reappointment notification on the plea of the Pakistan Medical Association and its fielded, but rejected, incumbent for the position.

The PMA and Dr Saeed Qureshi moved the court for the second time against Dr Shaikh’s appointment getting the notification suspended till Nov 10 by a two-judge bench of the Sindh High Court that was headed by Justice Sajjad Ali Shah.

A division bench had suspended the operation of the notification that made him VC on their previous petition filed against Prof Shaikh’s appointment. But the petition was disposed of after the court was informed that the governor had withdrawn the notification that made Prof Shaikh VC.

The petitioners said that Prof Shaikh was once again appointed VC on Oct 26, as there was no change in the finding of a search committee constituted to discover a suitable candidate for the position.

According to them, Sindh Governor Dr Ishratul Ibad, the chancellor, was earlier the competent authority for appointing vice chancellors of the government varsities. But according to Sindh University and Institutes Laws (Amendment) Act 2014, the governor now has to take recommendations from the government committee to appoint vice chancellor of any varsity.

The petitioners contended that in order to find a suitable candidate for the post of vice chancellor, the varsity had constituted a search committee that received applications from 12 candidates including Dr Qureshi. On Oct 2, they said, the committee forwarded a summary to the chief minister recommending Dr Qureshi for the position. The same day, however, the governor appointed Prof Shaikh, the petitioners added.

They argued that the appointment was a violation of Article 12(1) of the DUHS Ordinance 2004 as well as the amended Article 105 of the Constitution, as the governor had no authority to make any changes to the chief minister’s recommendations in this regard.

They asked the court to suspend the notification regarding Prof Shaikh’s appointment and also sought direction for the authorities concerned to consider Dr Qureshi for the post.

The bench issued notices to the respondents as well as the advocate general for Nov 10 and suspended the operation of the notification till the next hearing.

Published in Dawn, November 7th, 2015

On a mobile phone? Get the Dawn Mobile App: Apple Store | Google Play