RAWALPINDI: The Lahore High Court’s (LHC) Rawalpindi bench has deliberated to address a controversy related to the Punjab governor and chief minister’s powers to constitute the board of governors (BoGs) of the Murree Lawrence College.

In this regard, LHC Justice Jawad Hassan summoned the Punjab higher education secretary and acting principal of the Lawrence College on Feb 7, seeking clarification on the modus operandi for the removal, inclusion of BoG members, appointment of the principal and other related matters.

The matter was brought before the court by Senator Sadia Abbasi through Barrister Zafarullah Khan.

According to sources, the previous BoG was constituted in 2022 and the then Punjab governor, Balighur Rehman, had appointed Senator Sadia Abbasi and Musharraf Rasool among others as board members.

Punjab education secretary, college’s acting principal summoned on Feb 7

The incumbent governor, however, removed the five members after they insisted on the appointment of a regular principal as the college was being run on an ad hoc basis for eight years.

Later on, a board comprising retired Lt-Gen Hamid Rabnawaz, retired Maj-Gen Owais Mushtaq, retired Rear Admiral Mian Zahir Shah, Sarfraz Bugti, Ikram Sehgal and others was reconstituted.

The new board reportedly issued an advertisement for the appointment of a new principal.

Barrister Khan argued that the removal of previous board members violated the Punjab Educational Institutions (Reconstitution) Act, 2021.

He contended that under Section 7 (2) of the Act, board members were appointed for a fixed term of three years and could only be removed under specific conditions.

Furthermore, he claimed their removal was conducted without a fair hearing, contravening Section 7 (3) of the Act.

He emphasised that this lack of due process violated their constitutional rights under Articles 4 and 10-A, which guarantee treatment according to the law and the right to a fair trial.

Additional Advocate-General Malik Amjad Ali defended the decision, stating that the reconstitution of the board was carried out following Article 105 of the constitution, with the advice of the Punjab chief minister.

He argued that the initial appointments in 2023 were irregular and lacked proper legal backing.

The state counsel also emphasised the secretary of higher education department’s authority under the Punjab Government Rules of Business, 2011, to administer such changes in consultation with the governor.

The court highlighted the significance of procedural fairness and questioned whether the respondents had acted within the bounds of the law, especially regarding the alleged lack of consultation with the chief minister during the initial appointments.

The court directed the Punjab higher education secretary and the acting principal of Lawrence College Murree to appear in person at the next hearing to clarify the reconstitution process.

It also sought a detailed report on whether the removal followed legal requirements, particularly in light of relevant constitutional provisions and precedents.

The court adjourned the case, scheduling the next hearing for February 7, 2025.

Published in Dawn, January 19th, 2025