PESHAWAR: The Peshawar High Court has disposed of a petition challenging the University of Peshawar syndicate’s last year decision regarding certain allowances and students fee and referred the issue to the university’s senate for decision.

A bench consisting of Justice Lal Jan Khattak and Justice Abdul Shakoor directed the university’s vice-chancellor to place an appeal of the Peshawar University Teachers Association before the chancellor/governor for putting it up to the senate in the upcoming meeting for decision in accordance with the law.

The petition was jointly filed by Puta through its general secretary and two members of the syndicate, Dr Fazle Nasir and Dr Zakirullah Jan challenging proceedings of a syndicate meeting held on June 18, 2021, wherein approval was given to certain recommendations of the university’s finance and planning committee.

Barrister Waqar Ali, who represented the petitioners, said his clients won’t pursue the petition if the court ordered the vice-chancellor to place their appeal filed under Section 9(5)(b) read with Section 20 of the Khyber Pakhtunkhwa Universities Act, 2012, before the chancellor for decision in the upcoming Senate meeting.

Refers matter to varsity’s senate for decision

The university was represented by lawyer advocate Waseemuddin Khattak and its law officer, Riaz Ali, whereas assistant advocate general Sophia Noreen and litigation officer Asif Khan appeared for the provincial government and higher education department, respectively.

The petitioners’ counsel said in 2012, the KP Universities Act was enacted to reconstitute and reorganise the existing and future universities in the province.

He said under the Act, the senate, syndicate and academic council were to be set up in the universities, while different authorities were required to be set up under the statutes of the universities including finance and planning committee, board of faculties, board of studies, and affiliation committee.

Barrister Waqar said Section 22 of the Act provided composition of the syndicate, including an exhaustive list of its members.

He said the finance and planning committee of the university, in a meeting on April 13, 2021, made certain recommendations to the syndicate, which were detrimental to the interest of the faculty and students such as revisiting the faculty workload policy, changes to and cancellation of allowances, and revision of fee.

The counsel contended that despite objections raised by the petitioners, the syndicate, in its meeting on June 18, 2021, made decisions on the recommendations of the finance committee.

He said the syndicate was not properly constituted, while the respondents, including the vice-chancellor and registrar, didn’t rectify ‘illegalities’.

Barrister Waqar said under Section 20 of the Act, the Senate should have the power of general supervision over the University and should hold the vice-chancellor and the authorities accountable for all university functions.

He said under Section 9(5)(b), if the chancellor was satisfied that serious irregularity or mismanagement with respect to the university affairs had occurred, he might, as regards proceedings of any authority or with respect to matters within the competence of any authority other than the Senate, direct the senate to exercise powers under Section 20 of the law.

Published in Dawn, March 15th, 2022