VCs appointment case: CCI’s role in education standards draws mixed reaction

LHC says HEC should set criteria which will be validated by council.

LAHORE: The Lahore High Court’s (LHC’s) decision on the appointment of vice chancellors has drawn a mixed reaction, not over the jurisdiction of the matter, but on the limitations imposed on the Higher Education Commission (HEC).

The court ruled that the HEC should create various criteria for universities and it gave the Council of Common Interests (CCI) the powers to validate the same.

An LHC bench, on Thursday, ruled that the provincial government had the powers to appoint vice-chancellors at public sectors universities. A division bench, headed by Chief Justice Syed Mansoor Ali Shah, accepting the Punjab government’s appeal against an earlier verdict, decided that the provincial administration had the powers to appoint vice chancellors.

The HEC, the ruling said, could set minimum standards for higher education institutions as the commission catered to all public-sector universities and maintained national unity. Simultaneously, the province was empowered with developing standards that could be raised and made more stringent as compared to federal standards, but not reduced or lowered in any way.

The division bench added the province had the power to set standards, including procedures and criteria, for the selection of the VC as long as they were not below the minimum prescribed by the federation.

The court further ruled that the CCI would review all standards set at higher education institutions within six months of their recommendation and make them constitutionally compliant. The judges also directed the HEC and the federal government to work under the supervision and control of CCI and route any policies or regulations through the council.

The policies will only be considered legally binding if approved by the CCI, the court ruled.

According to the HEC Ordinance 2002, “The controlling authority of the commission shall be the prime minister or, as the case may be, the chief executive of the Islamic republic of Pakistan who may supervise the affairs of the commission”. According to the ordinance, “The chairperson, appointed under sub-section (1), shall have the status of a federal minister.”

Reacting to the verdict, academic circles welcomed the order, but some said giving the CCI powers over HEC would cause impediments. Furthermore, some academics think CCI was not equipped to make academia-related decisions.

Federation of All Pakistan Universities Academic Staff Association (FAPUASA) President Humayun Khan expressed concern over the decision, saying giving CCI the powers to deliberate over every rule and regulation would further prolong the process.

HEC Chairperson Dr Mukhtar Ahmed said the commission accepted the decision and it always maintained that appointments of vice chancellors were done by provincial governments. When asked about seeking the approval of HEC rules and regulations, the chairperson said he had not studied the verdict as a whole. He added he would be able to give a proper reaction after going through the matter in its entirety.

On the other hand, the Punjab Higher Education Commission (PHEC) chairperson, in a statement said, “This is a landmark decision. It has laid the foundation to a sound and robust higher education system in the country. PHEC warmly welcomes, accepts and appreciates the judgment, as it will help develop the new landscape of quality education in Pakistan with the effective role of the federation and provinces.

It also emphasises on the effective role CCI for informed decision-making and setting standards of quality. Implementation of the judgment, in true letter and spirit, is our commitment.”

Published in The Express Tribune, April 29^th, 2017.