PESHAWAR: A Peshawar High Court bench has directed the administration of the historical Edwardes College, Peshawar, not to take any adverse action against staff members and students during the ongoing legal controversy over the college’s administrative control.

Justice Mussarat Hilali and Justice Waqar Ahmad issued the interim order while hearing two petitions filed by Bishop of Peshawar and some faculty members, respectively, seeking the court’s directives regarding the college’s control.

The bench adjourned hearing until Sept 19 without holding detailed proceedings and observed that one of its members, Justice Waqar Ahmad, had remained associated with the case as an additional advocate general before his court appointment, so the case should be fixed before another bench.

Court adjourns hearing about college’s administrative control

Bishop Humphrey Sarfaraz Peter said the college was a private entity and he was the chairman of its board of governors.

He requested the court to restrain the respondents, including the provincial governor, from interfering in the college’s administration and other affairs.

Contrary to his petition, the faculty members requested the court to declare the college an autonomous body run by a BoG with the provincial governor being its chairman.

Advocate general Shumail Ahmad Butt appeared for the provincial government and said the Edwardes College faced crises causing resentment among students and teachers.

He claimed that around 180 students had cancelled admission to intermediate classes before joining other institutions.

The advocate general said despite the court’s earlier restraining order, the college’s administration had been taking different actions against teachers and protesting students.

Ali Gohar Durrani, Farmanullah Khattak and other counsel represented faculty members, while Khalid Mehmood was the lawyer for the Dioceses of Peshawar Bishop.

Bishop Humphrey Sarfaraz Peter contended in the petition that the Edwardes College was established in 1990 as a private missionary educational institution by the Church Mission Society and that it managed financial affairs through donations and fee.

He questioned the governor’s different steps, including the issuance of letters in relation to the college’s affairs, and sought the court’s order to declare them illegal.

The petitioner said a high court bench had declared in 2016 the college a private entity prompting the Diocesan Committee to authorise him to take all possible legal action against any interference from the governor, the government, its high officials or any individual in the college’s affairs.

The faculty members requested the court in their joint petition to declare legal the BoG notified in 1974 and headed by the KP governor.

They challenged the Bishop’s stand insisting all privately-managed schools and colleges were taken over by the government in 1972 under the Regulation No 118 called ‘The Privately Managed School and Colleges (Taking Over) Regulation, 1972’.

The teachers claimed that a notification was issued in 1974 by the education department to create a BoG headed by the governor to manage the college’s affairs.

They also referred to the records of the National Assembly proceedings about the Edwardes College issue and said the discussion proved the college’s nationalisation.

Published in Dawn, September 5th, 2019