PESHAWAR: The notification of Khyber Pakhtunkhwa government, allowing the vice-chancellor of Islamia College University Peshawar to continue working till further order, has raised several legal questions.

Under the KP Universities Act, 2012, a pro-vice chancellor is supposed to be officiating VC in absence of the regular one. However, the government allowed the vice-chancellor of ICU to continue working till further order on completion of his tenure on July 28 in the presence of a pro-vice chancellor.

“The Honorable Governor Khyber Pakhtunkhwa/Chancellor, Islamia College Peshawar has been pleased to allow Prof Dr Habib Ahmad to continue as vice-chancellor, Islamia College Peshawar w.e.f 29.07.2019, till arrival of regular vice-chancellor, Islamia College Peshawar,” reads a notification issued by higher education department on Wednesday.

Section 12A (3) of the universities Act states: “The pro-vice-chancellor shall be deemed to be the acting vice- chancellor to perform all the functions and powers of the vice-chancellor, in case of expiration of the tenure of the regular vice-chancellor or any other case, which requires appointment of regular vice-chancellor. The acting vice-chancellor shall remain in office till appointment of regular vice-chancellor under this Act.”

Teaching staff vows to resist ‘illegal’ move of govt

“The vice-chancellor of ICU, Dr Habib Ahmed, belongs to Swat, which is the native district of Chief Minister Mahmood Khan. The provincial government was bent upon giving him extension,” sources said.

They said that it was imminent that the provincial government would award extension tovice-chancellors of ICU and Women University Mardan because the provincial government had not advertised their posts as per law.

According to the law, the higher education department has to advertise the posts of vice-chancellors six months before ending their tenure. “It is worth mentioning here that the HED had advertised the posts of four VCs months ago but those of ICU and Women University Mardan were not advertised,” said sources.

The provincial government can give three years extension to VCs but their performance has to be evaluated keeping in view the key performance indicators.

Section 12 (6) of the law states: “Provided that the tenure of three years may be extended once for another such term on the basis of performance to be evaluated by government against the key performance indicators to be set up by government.”

According to sources, higher education department has already framed KPIs but it is waiting for the approval of the provincial cabinet. They said that KPIs were not approved by the cabinet that’s why the government allowed the vice-chancellor of ICU to continue till the arrival of regular VC.

“How a regular VC would arrive at ICU when the post has not been advertised by the government,” questioned sources. They added once the KPIs were approved by the cabinet, then the provincial government would definitely give him three years extension in his tenure.

Dr Mohammad Ajmal, the general secretary of Teaching Staff Association ICU, said in a statement that chancellor and higher education department violated the KP universities law by allowing the VC to work despite ending his tenure.

“There is no justification to allow the VC to work despite ending his tenure in the presence of pro-vice chancellor,” he said. He added that the teaching staff would resist the illegal extension in the tenure of the VC.

On Wednesday, the provincial government also allowed Prof Dr Ghazala Yasmin of Women University Mardan to continue as VC till the arrival of regular one. In this case, the government has a reason of allowing her to work as VC because there was no pro-VC in the Women University Mardan.

Published in Dawn, August 1st, 2019