Pakistan

18th Amendment implementation: Supreme Court comes to HEC’s rescue

Supreme Court says education body cannot be devolved, directs it to continue functioning.

Express April 13, 2011

ISLAMABAD:

The Supreme Court on Tuesday ruled against the much-debated devolution of the Higher Education Commission (HEC) and directed the commission to continue functioning until further notice.

A three-member bench, headed by Chief Justice Iftikhar Mohammad Chaudhry, also nullified the federal government’s previous notification issued on March 31 regarding the HEC’s devolution.

Attorney-General Maulvi Anwarul Haq told the court that the government was still contemplating the HEC’s devolution. He said the fresh legislation is being made and all stakeholders will be taken on board before the matter is decided.

The AGP also affirmed the court’s ruling that the HEC’s status is covered under the Higher Education Commission Ordinance 2002 and hence cannot be devolved under the 18th amendment. However, he pleaded with the court against issuing a stay order against the government’s notification as it will hinder the legislative processes.

Lauding the role of the HEC and its founding chief Dr Attaur Rehman, the chief justice stressed that education is the backbone of any country and the role of such commissions should not be undermined.

Senator Azam Khan Swati said that higher education should be prioritised as it is directly related to the country’s development. He said that the government’s decision to devolve the HEC was “against the spirit of the 18th amendment”.

Member of the National Assembly Marvi Memon said that the government’s lawyer had admitted before the court that the HEC “could not be touched without bringing in new legislation”.

Petitioners have argued that the subject of higher education falls under the federation’s jurisdiction and should not be affected after the 18th amendment’s promulgation. But the government had deemed the HEC’s devolution as necessary and issued a notification to this effect on March 31.

Published in The Express Tribune, April 13^th, 2011.

COMMENTS (41)

Ahsan Khan | 13 years ago | Reply “HEC is working for Pakistan’s progress. It should continue to work.” HEC is working to increase the number of Ph.D. degree holders. It is not for the people but it is simply to increase the reserve tank of elites. The people is out of HEC. “Supreme Court should not let the Government cut HEC into pieces.” In any democratic system of government., it is the people’s government which is sovereign Any Supreme Court or any Divine authority has no authority over the government as long as the government fulfils the conditions imposed by the constitution approved by the people. “SC has no option but to hold the decision of 170 million people and should reject the petition!” Thank you Saleem for your sensible statement. “Thanks God that, Supreme Court played its role and save the most important education promoting institution of Pakistan. Also saved the future of thousans who are studying abroad and who are approved to go abroad for higher education. Today is a very bright and hopeful day for the future of Pakistan.” Dear Dr. Faraz, HEC is not an institute of public education but it is simply a machine to churn out Ph.D. degrees. “Worldwide education is a provincial subject and HEC should stop functioning as federal for the future interest of Pakistan” It is simply so, because we are not like others. Pakistan is not “Republic” but it is “Islamic Republic”. This point can be further developed if you wish. ahsan@noos.fr Pakistan was created, by the politicians in the name of Islam, for the people. Once it was established (14/08/1947), the people have been totally ignored by the rulers (from Jinnah to Zardari) in the system of government. Even for the most important event like the Constitution, they were never given the possibility to express their opinion through a popular referendum. An Islamic constitution was promulgated by a Secular leader;. though, the people of Pakistan have always rejected the Religious Parties in any election. The people of Pakistan are in the state (geographic) but out of State (Government). Generally, in Pakistan, the national programmes are for a small elite category and not for the benefit of the people. The defence for army generals, judiciary, for Supreme Court judges (and justices), industry for rich industrialist, agriculture of Feudal lords, education for top Ph.D. and the government for a few political families. Where are the PEOPLE in this State of Pakistan??

Ahmed | 13 years ago | Reply Yesterday I also wrote comments but these media people restrict the comments which sometimes contain facts. HEC should not be in the hands of Province otherwise it will become the property of Waderas / Sardars and this institution will loose its usefulness.

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pashtun | 13 years ago | Reply Supreme court didnt interfere in the devolution..it is authorized to interpret the constitution and that is exactly what it did when it ruled that HEC devolution cannot be done under 18th amendment... how many of the 442 parliamentarians are aware of the text of the 18th amendment? it is in english and we know the education level of our fake-degree holders... higher education is a federal subject in almost every country.... and anyways we all can see primary and secondary education under the provinces :)

Muhammad Ali Shahid | 13 years ago | Reply Herrah: I appreciate your interest in bombs instead of Education. Here the matter is concerned for Pride and Prejudice of Corrupted Politicians. All they want to get rid of the creepy media insulting them everyday on the fake degree issues. Although they wanted to remain unnoticeable in front of the people of Pakistan, that what category and what lobby they belongs too. If we take an example of developed nations, they do sort out their problems through Academia, but here in Pakistan all the matters are being resolved by corrupted politicians and unworkable silent machine (so called supreme court). We lack from education and it's standard. HEC is the only solution to stabilize and equalize us in the international market as well as in the national market. When you are a complete illiterate, you really don't know how it going to be effected on a life of simple ordinary man or woman.

Pakistan Patriots | 13 years ago | Reply Politicians, Judiciary, Beaurocracy and military are corrupts and treators, and Pakistan Awam is "BAWAQOOF", so result is this..

Herrah | 13 years ago | Reply What Rubbish. We need more bombs. Education is all an Israeli / Indian / American conspiracy to stop us from making bombs. Shame on all those who advocate education instead of more Bombs. Remember : ham bhooke nange rahenge but Bombs Banayenge.

Jawad Iqbal Jawad | 13 years ago | Reply A light of hope for fair play in the country. It proves that people, out of their protest, can protect their rights. Especially youth can make things correct.

aqsa 64 | 13 years ago | Reply go go...judiciary we allll r with u......

Degree holder | 13 years ago | Reply Thank's high court you saved our degree.

Amir | 13 years ago | Reply PPP slogan is roti kapra aur makaan ... education is mentioned nowhere so what are we mourning about ??

Syed Hussain Jafri | 13 years ago | Reply Why every department has been dragged in to politics. HEC should be the part of the provincial government. Please forget politics atleast on this issue. What the hell is HAQ KI FATAH AND BAATIL KI MOOT. This is about education not about any constituency"s election or about two political parties. This is been so illiterate and shameful to drag this matter in politics.

Aamer | 13 years ago | Reply @Iftikhar Ahmad: Please cite examples of your claim

realize | 13 years ago | Reply What innovation these immensely talented scientists prepared by hec have brought in?

a ercelan | 13 years ago | Reply wierd ruling - ordinances expire unless made into an act by assembly. is there a pakistan beyond the provinces? the ummah of global greed?

Mohsin Hijazee | 13 years ago | Reply Well, those PhD students produced locally are really pathetic already. Cant be worse. Copy Paste is not PhD

H Q | 13 years ago | Reply The commentators here have obviously misunderstood what the SC did. Nevertheless, I believe the SC will take the Govt. to the last level of playing this game, and when the Govt. is exhausted, the SC will give a decision in favour of the people, against the Govt.'s ill wishes of dissolution of the HEC. Nothing to worry about people. Relax. HEC ain't goin nowhere.

Saleem | 13 years ago | Reply HEC is a corrupt, inept and incompetent organization that needs to be dismantled. The research conducted there is meaningless, does not meet the most basic international standards and is mostly plagiarized. Starting from the top, the entire HEC management needs to be removed and HEC needs to be reorganized. We are doing a tremendous disservice to the country and to our youth by letting it continue.

Asif Amin | 13 years ago | Reply It shows the independecy of supreme court and justice of superior judges. Thanks to all superior judges especially Chief Justice Iftikhar M.Choudhary for his kindness toward nation and motherland.

Dr. Ishtiaq Hassan | 13 years ago | Reply HEC must remain functional as it was revolutioalised by Dr. Atta-ur-Rehman. Pakistan was gearing up and must continue as the highly literate people through HEC. SC is requested to frame decision on the demands of people of Pakistan.

Shaheena | 13 years ago | Reply How can SC stop the devolution of education in provinces as promised to the smaller provinces under the 18th constitutional amendment. Skewed and favoritism can seen in this judgement: How can a Presidential ordinance (Passed by Dictator Musharraf) prevail over the 18th constitutional amendment. Are we heading for Judicial One UNIT again. People of smaller provinces always looked to Superior Courts but they got selective justice and have witnessed judicial murders, judicial validation of coups (judicial dictatorships) and now Judicial ONE UNIT. God save our country.

PS | 13 years ago | Reply I agree with Mr Ali and Mr Shahid on this one...

Syed | 13 years ago | Reply This truly shows how our public reacts to rumor!! The headline and the news item clearly says, HEC REJECTS PETITIONS AGAINST HEC DEVOLUTION. But people are celebrating as if its saved !! Bravo !!! Salute to the people who commented above !!

truth speaks | 13 years ago | Reply At Least a nice decision came...hope it will sustain and give a great slap to guys who planned its devolution...

Chalo Chalo Nishtar Park Chalo | 13 years ago | Reply People confused by reading this story should get their credentials evaluated by the Higher Education Commission.

White Russian | 13 years ago | Reply @Ilyas Ahmed Yes, we are a nation of passionate critics. And also a nation of absolutely deaf. There are critics, and then there are critics of critics. What is harm in listening to critics? Would it not be better to listen to valid criticism than offering a counter-critisim? Do we ever leave a chance for the possibility that may be there is some sense in the critique of Hoodbhoy? No, in this country when one has to be right, she is absolutely right, with no chance for any nuances, and the wrong people are just 100% wrong.

Ilyas Ahmed | 13 years ago | Reply The way people have reacted to this news and failed to understand it shows how important it is that HEC continue to work. Petitions were filed stop devolution, SC has dismissed them and NOT supported them. It has said HEC will function till presidential order in amended. HEC is ray of hope for Pakistan. Thou People like Dr. Pervez Hood bhoy and Dr. Wahab of IBA (former) are against HEC, it is common knowledge (of reseach scholars and professors, etc. and not just common man) that it s an organizaiton of immense utility. For those who criticize HEC one can only say we ar a nation of passionate critics (albiet without much ground!). Once education goes to provinces, we will only be producing Ph. D.s in geography, arts, ethinic literature and that too of very poor quality unlike Qualified people produced b HEC in nono-tech, quantum physics, biological sciences, etc. and of high quality. Studnts in every province will be studying its myopic politicians and promoting their views instead of Quaid e Azam and Iqbal.

Herrah | 13 years ago | Reply We need more bombs.

zulfiqar | 13 years ago | Reply Win-win situation. Agood omen for the future of education. Judiciary must be commended.

Usman | 13 years ago | Reply Woah, Our people really are 'lakeer k fakeer'! Just that the headline contains the word 'Supreme Court', it doesn't mean that it will be about something good. Get into the habit of reading carefully please.

Shahid | 13 years ago | Reply why everyone is misunderstanding the news? Its news of despair not of bliss!

Adeel | 13 years ago | Reply doesnt the news mean that the dessolution of HEC will INDEED go ahead after amendment in the law? or am i wrong?

Iftikhar Ahmad | 13 years ago | Reply Worldwide education is a provincial subject and HEC should stop functioning as federal for the future interest of Pakistan

Dr. Ahmad Faraz | 13 years ago | Reply Thanks God that, Supereme Court played its role and save the most important education promoting institution of Pakistan. Also saved the future of thousans who are studying abroad and who are approved to go abroad for higher education. Today is a very bright and hope ful day for the future of Pakistan.

Ali | 13 years ago | Reply I think the report means that all the petitions which were filed to invalidate the HEC dissolution have been dismissed and not vice versa which all of the above seem to think. Please read through before posting.

Sufi Shah | 13 years ago | Reply Chalo Saad, you must be thrilled: After Batil truimphed at Mohali, now Haq has won. Or has it? Please read the report carefully.

Mirza Zafar Hussain | 13 years ago | Reply Please let HEC function as it is now. It is one of the few institutions doing a good job, do let it remain so. First capacity building at Provincial level must be done therafter HEC devolution may take place. Educated parliamentarians are honestly required to decide the future of our coming generations and that to real degree holders.

saleem | 13 years ago | Reply SC has no option but to hold the decision of 170 million people and should reject the petition!

Arshad Bajwa | 13 years ago | Reply Great news for future of Pakistan

Muhammad Usman Khalid | 13 years ago | Reply Supreme Court should not let the Government cut HEC into pieces.

Saad | 13 years ago | Reply Alhumdulillah! This is called Haq ki Fatah !

Alia Amir | 13 years ago | Reply HEC is working for Pakistan's progress. It should continue to work.

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