ISLAMABAD: The Islamabad High Court (IHC) has ruled on the controversy related to appointment of the Rector of Comsats University Islamabad (CUI), emphasising the need for transparency and procedural compliance in public sector appointments.
The case was filed by Dr Shahid Khattak, who challenged the appointment of Professor Dr Shahid Munir as Rector CUI through a notification issued on Sept 23 last year.
The petitioner, who was ranked as the top candidate by the university’s Senate, argued that his appointment was unjustly overlooked in favour of Dr Munir, who was ranked second. Justice Mohsin Akhtar Kayani, while disposing of the petition, highlighted the legal obligation of appointing authorities to provide valid reasons for deviating from merit-based recommendations.
The court noted that the Ministry of Science and Technology or the President’s Secretariat failed to justify out of turn appointment ignoring the top-ranked candidate. The ruling reinforced that discretionary powers must be exercised fairly and within defined legal limits.
The court cited a precedent from the Supreme Court (2021 SCMR 1509) and underscored that the top candidate has a legitimate expectation of appointment unless compelling reasons dictate otherwise.
During the hearing, government representatives informed the court that a fresh selection process had already been initiated for the rector’s appointment following new directives from the President’s Secretariat. The court acknowledged this development and ruled that Dr. Khattak should be reconsidered in the ongoing selection process.
“The petitioner’s credentials, already available with the Search Committee and Senate, must be fairly evaluated alongside other candidates,” Justice Kayani stated in the verdict.
Published in Dawn, February 6th, 2025