SHC once again bars varsity VC from post

Court issues contempt notices to Sindh Agri University VC, chief secretary

HYDERABAD: The Sindh High Court once again restrained Sindh Agriculture University vice chancellor Prof Dr Mujeebuddin Sahrai from working at the varsity, while issuing contempt notices to him and other respondents on Wednesday. The order comes a month after the court set aside Sahrai's extension by the Sindh chief minister (CM) as 'unlawful.'

The court issued contempt notices for Sahrai, the provincial chief secretary and the Sindh boards and universities secretary, directing them to submit replies by January 28.

The petitioners, Riasat Ali Kubar and Ghulam Haider Joyo, told the court in their plea that the former VC had continued to discharge his duty by attending office regularly, in violation of the SHC's December 9 order. "The provincial government and Sahrai are flouting the court's order," they stated.

However, Sahrai's counsel, Arshad Pathan, informed the court that a new notification of his appointment has been issued. He said that the earlier notification was issued under the Sindh Universities Act, 2014, while the new notification is in light of the 2018 amendment in the Act. He requested the court to dismiss the contempt plea.

Asadullah Bulo, the petitioners' counsel, said that the provincial government had not removed the VC from his post even after the SHC's order, as a favour to him. "Even the new notification is a violation of the law," he maintained.

In its order last month, the court pointed out a technical flaw in Sahrai's extension notification. The bench had observed that the extension was supposed to be approved by the Sindh Cabinet prior to notification by the governor, but in Sahrai's case, only the CM had given approval. It referred to a Supreme Court judgement, which had held that the executive authority of the provincial government is to be exercised by the provincial cabinet as a collective entity.

The petitioners had also challenged Sahrai's eligibility for the position, contending that the VC of an agriculture university should himself be an agriculturist whereas Sahrai was a mechanical engineer by qualification.

They further pointed out that the extension notification had been issued on April 10, 2018, even though the Election Commission of Pakistan had imposed a recruitment ban in all government organisations prior to the general elections, with effect from April 1, 2018.

Published in The Express Tribune, January 16^th, 2020.