LAHORE: The Lahore High Court has ruled that powers enjoyed by the chancellor/governor are general powers of appointment to any post in a university and cannot override the specific powers of appointing vice chancellor as a stop-gap arrangement as given in the law.

A detailed verdict recently issued against the appointment of Prof Dr Asad Aslam Khan as acting vice chancellor of the King Edward Medical University (KEMU) further ruled that pro-vice chancellor is to perform functions of the vice chancellor if the office of the latter falls vacant.

The ruling said section 13 (9) of KEMU (Amendment) Act 2012 clearly shows that if office of the vice chancellor is vacant owing to any cause, pro-vice chancellor automatically takes over the functions of the vice chancellor.

However, it said, the chancellor is vested with the powers to make temporary arrangements for the performance of the duties of the vice chancellor only when the office of the pro-vice chancellor is also vacant.

“Such a temporary arrangement can only be recourse to when office of the pro-vice chancellor is vacant and not otherwise,” the verdict authored by Chief Justice Syed Mansoor Ali Shah said.

It ruled the word “temporary” is used for arrangements made by the chancellor and not for the functions of the vice chancellor to be performed by the pro-vice chancellor.

The verdict noted that in the present case, the pro-VC was available, therefore, the chancellor could not invoke the powers under section 13 (9) of the Act and appoint the respondent as acting-VC to run affairs of the varsity.

Defending the impugned appointment, counsel for the respondent (acting-VC) had submitted that the order passed by the chancellor/governor was well within the powers of the chancellor. He said section 9 (7) (b) of the Act empowers the chancellor to make appointments to any post of the university.

He further said unless the chancellor is prohibited from passing the impugned order, he is well within his powers to pass the impugned order. He contended that the chancellor is empowered to make such temporary arrangements for the performance of the duties of the vice chancellor. The counsel also questioned the petition saying it was tainted with mala fide intention.

The court had already suspended the appointment of Prof Dr Asad Aslam Khan as acting VC of KEMU through a short order.

Published in Dawn, September 17th, 2017