KARACHI: The Sindh High Court (SHC) has restrained the vice-chancellor of Dow University of Health Sciences (DUHS) Professor Masood Hameed Khan from holding syndicate meetings or taking major decisions regarding the varsity's affairs.
The professor was allowed to continue as the VC through a person-specific amendment by the governor after losing the post following amendments to laws regulating public universities. A division bench, headed by Justice Hasan Azhar Rizvi, also issued notices to the DUHS registrar and the health secretary to file their comments along with Prof Masood Khan, who has albeit been allowed to continue looking after the day to day routine affairs at the varsity till October 20.
The petitioner, Dr Shershah Syed, had gone to the court against Professor Hameed, who has been allowed to continue in the VC's office following the promulgation of the Dow University of Health Science (Amendment) Ordinance 2014 by the Sindh Governor on September 12.
Advocate Haider Waheed said that his client, Dr Syed, had earlier filed a petition challenging the appointment of the respondent as vice chancellor of the varsity for the third term since it was in violation of the provisions of Dow University of Health Science Act, 2004. He said that the respondent (Prof Hameed) had also challenged the provision of the DUHS Act, 2013, but his petition was dismissed by a division bench of the SHC.
The lawyer claimed that Prof Khan had ceased to hold the office of the VC with immediate effect in view of the amendments made to the DUHS Act, 2004. "After the passage of the order, specific amendments were made in Section 12 of the Act, which amounts to legislative judgment," he claimed.
Haider Waheed observed that the Supreme Court had already held, in one case, that person-specific laws cannot be promulgated because such an exercise causes injustice to the society. He added that the apex court had further held that pronouncing a legislative judgment without removing basis on which the judgments were pronounced, is a violation of the fundamental right of access to justice as enshrined in Article 9 of the Constitution.
He alleged that the registrar of the DUHS has issued person-specific notification dated September 16 in contradiction of the dictum laid down by the SC as stated above, whereby on the basis of past performance, Professor Ahmed has been directed to continue as the VC of DUHS for two years with effect from September 13, 2014, though he has ceased to hold the office in view of the SHC judgment dated June 12, upholding the Sindh Universities Law (Amendment) Act, 2013.
The court was pleaded to declare the person-specific amendment to the DUHS Act illegal and restrain the respondent from holding the office of the VC anymore.
After hearing preliminary arguments, the bench issued notices to the health secretary, DUHS registrar and Prof Masood to file their comments by October 20. "Till the next date of hearing, the respondent, Prof Masood, shall not hold any syndicate meetings nor will he take any major decision in respect of affairs of the DUHS other than normal day to day affairs," ordered the bench.
Published in The Express Tribune, October 2nd, 2014.
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