LAHORE: Mere devolution of subject of education to provinces does not confer on them (provinces) the power to legislate with regard to standards for higher education and criteria for appointment of vice chancellors, says a detailed verdict of the Lahore High Court in vice chancellors’ appointment case.

“In my opinion the criteria for appointment of a vice chancellor is an important plank of the standards of higher education for the post of a vice chancellor is of pivotal standing and is at the forefront of those standards,” Justice Shahid Karim rules in his decision.

The verdict states that no amendment has been made in the Higher Education Commission Ordinance, 2002 and it continues to be applicable to public sector universities of both the federation as well as the provinces. “Simply because the provinces have enacted their own statutes does not take that power away,” it maintains.

The 87-page verdict says: “If the HEC Ordinance 2002 remains un-amended and intact, there are no reasonable grounds to perceive that change has occurred.”

Detailed verdict says HEC law applicable to Centre, provinces

It observes that the specific mandate of Punjab-HEC is to develop guidelines and facilitate the implementation of a system of quality assurance of institutions, based on the standards developed by the HEC-Federal.

The ruling rejects an argument of the Punjab government that the HEC may exercise all powers under Section 10 of HEC Ordinance 2002 and Punjab will be bound by those decisions yet not in respect of vice chancellor.

The court says this is a specious argument as Punjab cannot cherry-pick powers of its own liking.

The court observes the search committee should be more broad-based and should not be comprised predominantly of the members who are part of the government. It says out of the five members, which comprise the committee, at least three are part of the government and thus can easily sway the process for the search to be undertaken for appointment of a vice chancellor to a public sector university.

“Therefore, it is the requirement of law that there should be a separate search committee for each public sector university constituted under the law of that public sector university,” the court orders striking down the notification of the search committee for being clearly unlawful. It observes the members of the committee ought to have no connection with the government so as to keep the process free from taint and nepotism.

Setting aside the criteria for the appointment of VCs at public sector universities, the court also strikes down relevant provisions of the law (Act of the university concerned).

The court rules that the entire process set into motion for the appointment of the vice chancellors and constitution of the search committee is liable to be set at naught and is held to be void ab initio.

The court directs the HEC to lay down criteria for appointment of vice chancellors to the public sector universities by specifying concrete and clear terms within the period of one month from the receipt of this order.

It observes while the process for the appointment of the VCs is being undertaken, the most senior professor shall be appointed as acting VC for the public sector universities concerned.

In case of Punjab University, the court rules that under sub-section (8) & (9) of section 14 of the university’s Act, 1973 the incumbent vice chancellor (Prof Dr Mujahid Kamran) shall not be allowed any extension in his tenure.

The Punjab government shall, after the criteria has been settled by the HEC and search committees constituted, initiate fresh process for appointment of vice chancellors for the public sector universities in question, the verdict concludes.

Through a short order, Justice Karim had on Dec 1 struck down the appointment process initiated by Punjab Higher Education Department and constitution of the search committee.

Published in Dawn December 6th, 2016