LAHORE: A Lahore High Court division bench has set aside a decision by a single bench and reinstated Dr Muhammad Ashraf as vice chancellor of University of Agriculture Faisalabad.

Previously, the single bench comprising Justice Sajid Mehmood Sethi had annulled the appointment of Mr Ashraf as UAF VC and ordered the Punjab government to notify the highest candidate on the merit list for the slot strictly in accordance with law.

Dr Iqrar Ahmad Khan had challenged the appointment, pleading that he (Dr Iqrar) was highest on the merit, but the government, in sheer violation of merit and the directions of the LHC, appointed the person lowest on merit list (from amongst the three shortlisted candidates) as the VC.

Consequently, the provincial government and Mr Ashraf filed intra court appeals against the single bench verdict.

Representing the government, a law officer argued that the recommendations by the chief minister were his opinion with respect to the three candidates so as to facilitate the recommendation process for the benefit of the chancellor.

He said the contention of the respondent (Mr Khan) that since he was higher on merit list he should have been appointed as VC was incorrect and against the law and judgments of the Supreme Court.

UAF legal advisor Awais Khalid also supported the government side’s arguments and said the appointment of appellant Mr Ashraf was lawful as per section 14 of the university’s Act.

The division bench comprising Justice Ayesha A Malik and Justice Asim Hafeez observed in its verdict that the marks awarded by search committee were for only tabulation purposes to help it shortlist the candidates and make three recommendations of suitable candidates to the vice chancellor.

“This means all the three candidates placed before the chancellor are potentially appointable subject to the advice of the chief minister,” the bench observed in its decision.

It further said the chief minister, while giving his advice gave his opinion to the chancellor to help the chancellor take a decision.

“We are of the opinion that if the contention of the respondent (Iqrar Khan) is accepted and findings of the impugned judgment are accepted to the extent that the decision of the search committee and the merit formulated by them is accepted, it will make the decision-making process of the chancellor and the advice rendered by the chief minister redundant as the only person that can be appointed is the person that the search committee puts at serial No 1 of its merits,” ruled the division bench.

The bench remarked that the chancellor could choose any candidate from amongst the three shortlisted candidates based on the advice of the chief minister. It noted that the purpose of allocating marks by the search committee was only for short listing purpose for selecting the three candidates to be placed before the chancellor.

“Therefore, we observe that the impugned judgement is against the provisions of the Act and spirit of the appointment process,” the bench ruled while setting aside the decision by the single bench. The division bench also restored the 2019 notification regarding appointment of Dr Ashraf as UAF vice chancellor.

Published in Dawn, March 19th, 2020