Isra University board may not appoint new VC

The Sindh High Court has prohibited the board of governors of Isra University from convening a meeting to appoint a new vice-chancellor.

This decision was made due to the impending completion of the three-year tenure of the current but disputed vice chancellor, Prof Dr Nazir Ashraf Laghari, on June 23.

According to the recently enacted Isra University (Amendment) Act of 2023, the authority to appoint the vice chancellor was transferred to the board of governors. In contrast, previously, it rested with the chancellor nominated by the Isra Islamic Foundation.

The SHC issued the order in response to a petition filed by the foundation, along with the disputed VC Prof Dr Hameedullah Kazi and Dr Saleh Memon.

The petitioners challenged the enactment, which was notified on June 13 despite being rejected by Governor Sindh Muhammad Kamran Khan Tessori. They requested the court to declare the amendment discriminatory and exceeding the provisions of the Constitution. Advocate Ayan Mustafa Memon, representing the petitioners, argued that the amendment specifically targeted individuals and institutions, unprecedented in the history of private-sector universities.

He informed the court that the Kazi family, who established the foundation and subsequently the university, has been embroiled in a dispute with Laghari since 2020 regarding administrative control of Isra University. Laghari heads the main campus, while the Kazis oversee the Karachi and Islamabad campuses. Both sides have filed numerous petitions against each other.

The SHC judge acknowledged the uniqueness of the change made to the Isra University Act, stating it was noticeable only in this particular case. Advocate Memon sought an injunction against the act, but the court did not grant this request. Instead, it barred the board from holding a meeting.

Regarding completing VC Laghari's term, the court ordered adherence to the law stating his three-year tenure. It remains uncertain who will replace Laghari if he vacates the position or if he continues until the board is allowed to convene and decide whether to extend his term or appoint a new VC.

Following the SHC's order in December 2022, the foundation appointed Dr Ghulam Kadir Kazi as the Chancellor, who later appointed Dr Hameedullah as the VC. However, Laghari opposed the appointment and contested it in court.

According to the lawyer, Laghari proposed amendments to the act while the petitions were pending in court, allegedly aiming to exclude the Isra Islamic Foundation and its nominated chancellor from appointing the VC. The Sindh cabinet approved the bill on January 6, and the provincial assembly passed it on February 13. However, the governor rejected the bill on March 15, expressing concerns about the potential conflict between the university's board and the foundation. The governor's office recommended reconsideration of the bill.

Despite the governor's objections, the provincial assembly passed the bill without modifications on May 17. Advocate Memon informed the SHC that in its December 9, 2022, order regarding a petition related to the university, the court itself recognised the board's ownership of the university.

The hearing was adjourned, and the date will be determined after the summer vacation.

Published in The Express Tribune, June 22^nd, 2023.