PESHAWAR: The Peshawar High Court has sought comments from the Higher Education Commission chairman, higher education secretary and the University of Malakand vice-chancellor about a petition challenging the VC’s appointment by the provincial government.
After holding a preliminary hearing, a bench consisting of Justice Ikramullah Khan and Justice Ishtiaq Ibrahim ordered the respondents to file comments about the petition within a fortnight.
The schedule of next hearing will be announced later.
The petition is filed lawyer Ali Zaman, who is also general secretary of Peshawar High Court Bar Association, who insisted that the respondent, Dr Gul Zaman, was appointed the VC of the public sector University of Malakand in 2017 in violation of merit.
PHC seeks comments from HEC, dept on petition
The respondents in the petition are the HEC chairman, provincial government through the higher education secretary, NAB Khyber Pakhtunkhwa’s director general, and University of Malakand’s VC Dr Gul Zaman.
Malik Mohammad Ajmal, lawyer for the petitioner, contended that at the time of the appointment, the respondent was an associate professor, whereas two other candidates, who were at serial number one and two of the list prepared by a search committee, were professors.
He said at serial No 1 was Dr Zaffar Iqbal, who was a meritorious professor and chairman of the Department of Pharmacy, University of Peshawar, and was also awarded Tamgha-i-Imtiaz by the federal government.
The lawyer said at Serial No 2 was Prof Rehmat Ali, who was dean Faculty of Sciences and was also acting vice-chancellor of University of Malakand.
He added that Dr Rehmat was presently service as vice-chancellor of Shrengal University, Upper Dir.
The counsel said without assigning any reason as to why the candidates at Serial No 1 and 2 were ignored, the government had appointed the respondent as vice-chancellor.
He said the government had violated several judgments of the superior courts wherein it was given that the appointing authority had to give cogent reason for not appointing as the vice- chancellor a candidate on top of the list prepared by a search and scrutiny committee.
The lawyer said the respondent (Dr Gul Zaman) also misused his office as he was the chairman of the selection board when his personal promotion was under discussion in Feb 2018 and he was promoted to the post of professor.
He contended that the entire process of recruitment leading to an appointment to a public office could be judicially reviewed under Article 199 of the Constitution and that such exercise had to pass the test of settled principles of transparency, fairness and due process.
The lawyer requested the court to declare the appointment of Dr Gul Zaman as the vice-chancellor of Malakand University illegal.
He also requested the court to declare all acts taken by the respondent after assuming the office of the vice-chancellor illegal.
The lawyer sought the court’s orders for the director general of the National Accountability Bureau, Khyber Pakhtunkhwa, to initiate an inquiry against that vice-chancellor for misusing his office.
Published in Dawn, July 27th, 2019