ISLAMABAD: The federal government is all set to challenge the Islamabad High Court’s (IHC) decision to restore Dr Tariq Javed Banuri as chairman of the Higher Education Commission (HEC), an official privy to the development told Dawn.

However, the education ministry is awaiting a detailed judgement in the matter before proceeding with filing a civil petition for leave to appeal (CPLA) with the Supreme Court, an education ministry official said.

According to the official, the ministry has sought the opinion of the Ministry of Law and Justice as well as the office of the advocate on record (AoR). In his words, the grounds for filing the appeal will be ascertained after the detailed judgement is analysed.

On Jan 18, a division bench of the IHC restored Dr Banuri to the post of HEC chairman.

He was appointed chairman of the commission in 2018 for four years and was supposed to retire in May this year. However, Dr Banuri was removed from the post in March 2021 on the basis of amendments to the HEC Ordinance 2002 through a presidential ordinance that reduced the chairman’s tenure from four years to two years. These amendments were approved through parliament.

Ministry fears certain new hirings may become void if appeal not filed

Officers of the ministry Dawn spoke to said that the government could plead that since the amendments had been approved from parliament, they had become law. If CPLA is not filed, three new HEC members, who were appointed last year, on the basis of these amendments could also face legal issues.

The division bench of the IHC, comprising Chief Justice Athar Minallah and Justice Aamer Farooq, in its judgement stated: “For reason to be recorded later the petition in hand is allowed. Consequently, the impugned notifications, dated 26-03-2021 and 05-4-2021, are declared to have been issued without lawful authority and contrary to amended provisions of the Higher Education Commission Ordinance, 2002. Respondent No. 6, Dr Tariq Javed Banuri, therefore, stands restored as the Chairman of Higher Education Commission.”

After his restoration, Dr Banuri took the charge of HEC chairman and is currently serving there.

Last year, after his removal, Dr Banuri had levelled serious allegations against the government by saying that starting the accountability process of three HEC-funded research centres supervised by Dr Attaur Rahman could be one of the reasons for his removal.

He had alleged that these centres received funds amounting to Rs1 billion annually but the work they produced was not satisfactory, adding that when he asked for accountability of these centres he was directed by the federal government not to do so.

Dr Banuri said that his objections to the “so-called knowledge economy” project under Dr Atta, which required funding of Rs30 billion, also did not suit the government. However, Dr Atta last year had rejected these allegations.

After his removal, his two main policies – on PhD and undergraduate programmes – were deferred by the commission and their implementation was stopped, while in his absence a selection board was held to promote numbers of HEC officers.

Published in Dawn, January 29th, 2022