PESHAWAR: The Peshawar High Court on Wednesday dismissed a petition filed by Khyber Medical University’s acting vice-chancellor Dr Arshad Javaid seeking his appointment on permanent basis for a period of three years.

A bench consisting of Chief Justice Waqar Ahmad Seth and Justice Syed M Attique Shah pronounced its order after the counsel for different parties finished arguments.

The petitioner claimed that he had been serving as the acting vice-chancellor in accordance with an earlier order of the high court, while the government hadn’t notified his appointment on permanent basis despite the recommendation of the search and scrutiny committee concerned.

He had requested the court to direct the provincial government to issue notification of his appointment as the permanent vice-chancellor for a statutory term of three years.

The petitioner was initially appointed as KMU’s VC for a period of three years through a notification on July 13, 2017, but that notification was challenged by another candidate for the post, Prof Ziaul Islam.

On Mar 8, 2018, a bench had partially accepted Dr Ziaul Islam’s petition by declaring his earlier appointment illegal and directing the relevant academic search committee to recommend three most suitable candidates afresh for the post.

The bench while setting aside the notification issued on July 13, 2017, had ruled that Dr Arshad will act as an acting VC until the appointment of the permanent VC in terms of Section 12(1) of the Khyber Pakhtunkhwa Universities Act, 2012.

The petitioner’s counsel contended that despite recommendation by the search committee, his client had not been appointed as the permanent vice-chancellor and that he had legal right to be appointed against the said post.

Provincial advocate general Shumail Ahmad Butt said the government had already declined to give extension to the vice-chancellors of five of the government universities, including KMU, for another term of three years.

He added that the VCs of those universities would be appointed in line with the KP Universities Act, 2012.

Mian Muhibullah Kakakhel, lawyer for KMU pro-vice chancellor Dr Ziaul Haq, contended that his client was intentionally not included as a respondent in the petition as being the pro-VC, he had the right to be appointed to the post of the acting or officiating vice-chancellor.

He said the petitioner wanted to remain the KMU VC for an indefinite period and did not want any other person to work on the administrative post.

The lawyer said the post of Pro-VC was created by the legislature for the purpose of smooth running of administration and in case there was no VC due to his absence, removal or death, the Pro- VC would act as the officiating VC.

He claimed that before the completion of his tenure, the petitioner had submitted a representation to the higher education department for the extension of his tenure and the cabinet wing had rejected it.

Mr Kakakhel said if a tenure extension was given to him, the other VCs would also seek the same creating hurdles to the appointment of the new VCs.

He added that the tenure of the petitioner would expire on July 18.

Another petition filed by Prof Jamshed Ali against Prof Arshad Javaid got infructuous after the dismissal of Dr Arshad’s petition.

Advocate Abdul Lateef Afridi appeared for Dr Jamshed.

Published in Dawn, July 9th, 2020