The Sindh High Court sought on Thursday arguments from the parties in a plea challenging the establishment of the Sindh Higher Education Commission (HEC).
A two-member bench, headed by Justice Muhammad Ali Mazhar and Justice Amjad Ali Sahito, directed the parties to present their arguments in light of the 18th Amendment and the Federal Legislative List.
The additional advocate general maintained before the court that the establishment of the Sindh HEC was in accordance with the law.
To support his argument, he pointed out that education was made a provincial subject under the 18th Amendment.
At this, petitioner Dr Attaur Rahman's counsel argued back that fundamental rules for establishing a provincial HEC were not abided by in the setting up of the Sindh HEC.
Following this, the court directed the parties to come prepared with their arguments, made in light of the 18th Amendment and the Federal Legislative List, at the next hearing on February 4.
According to the plea, the establishment of a provincial HEC needs to be approved by the Council of Common Interests (CCI) and hence, setting up Sindh HEC is not in accordance with the law.
Maintainability questioned
Separately, the court directed the petitioner, who moved the court to instruct Prime Minister Imran Khan to convene a CCI meeting, to present arguments on the maintainability of his plea at the next hearing.
The petitioner maintained that PMs were obliged to convene a CCI meeting and yet, PM Khan had not convened a single meeting since he assumed the role of the premier.
The petitioner prayed the court to direct the PM to immediately convene a CCI meeting.
However, the court asked, "How can a court direct a PM to convene a meeting."
It further stated that the plea was not maintainable.
At this, the petitioner appealed to the court to give him some time to prepare arguments in support of his plea.
Published in The Express Tribune, January 22nd, 2021.
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