PESHAWAR: The Peshawar High Court has issued a stay order asking the Islamia College University, Peshawar, not to transfer its registrar until further orders.
A bench consisting of Justice Roohul Amin Khan and Justice Mohammad Nasir Mehfooz fixed Apr 24 for the next hearing into a petition of registrar Dr M Tauqir Alam, who challenged an order of the university’s acting registrar for his transfer.
It directed the acting vice-chancellor of the university to submit written comments on the petition within three days.
The bench observed that whether the registrar duly appointed by the university’s syndicate could be transferred to any other post in the garb of Section 11 of the Islamia College Peshawar services Statutes, 2016, was a question to be decided after the receipt of the written reply of the acting VC.
High court seeks VC’s comments on matter
Muzzamil Khan, lawyer for the petitioner, said the appointment of his client was on permanent basis for a specific post and that under Section 13 of the relevant law, he was assigned the role of administrative head of the university after appointment on the recommendation of the selection board by the syndicate from among a panel of candidates.
He said his client’s appointment was subject to terms and conditions provided by the university’s statutes.
The lawyer said the registrar of the university being a full-time officer could not be transferred to any administrative post except termination by the syndicate on the advice of the vice-chancellor on the ground of misconduct, inefficiency, corruption, moral turpitude or physical or mental incapacity in accordance with the procedure provided by the statute.
He said a group of teachers and members of the Teaching Staff Association (TSA) led by the respondent, Prof Tariq Jan, raided his office on Mar 4 and forcibly ousted him before occupying the office illegally.
The lawyer said the acting vice-chancellor bowed before the illegal demands of TSA in violation of the KP Universities Act and statutes and issued the impugned notification ordering the transfer of the registrar.
He said as the order was illegal, his client had not relinquished the position and challenged the transfer in the high court.
The lawyer said the office of his client had been occupied by the ‘attackers’ in an illegal manner.
Head of the university’s legal cell Dr Najeebzada said the petitioner had recalled certain administrative orders issued by the VC in violation of law, rules and authority that amounted to serious misconduct and therefore, initially he was temporarily dislocated from the post of registrar and transferred to the directorate of admissions.
Published in Dawn, April 18th, 2020