Fresh appointing of VCs in K-P declared void

Considering petitions filed against this process, the Peshawar High Court declared the government's decision to restart the process of appointing vice-chancellors for 19 public universities in Khyber-Pakhtunkhwa as null and void.

A two-member bench consisting of Justices Ijaz Anwar and Ijaz Khan Sabi heard the petitions related to various universities in the province. During the hearing, Advocate General Shah Faisal Atmanzai, Deputy Attorney General Sanaullah, and the petitioners' lawyers Aamir Javed, Mubashar Manzoor, Tariq Afridi, and Saifullah Mahbub Kakakhel appeared before the court.

The petitioners, including Dr Aurangzeb, argued that the positions of vice chancellors in various universities of the province had been vacant for more than a year. The previous provincial government had initiated the process of appointing vice-chancellors, which was completed by the caretaker government.

However, the current provincial government has decided to restart the appointment process, against which the petitioners have approached the court. During the hearing, the lawyers informed the court that the process for appointing vice-chancellors had already been completed once. "Now, the government wants to restart this process, for which advertisements have been published," one of the counsels stated. They mentioned that the provincial cabinet had approved the formation of a new search committee, but instead of just forming the committee, they also published advertisements.

The lawyers explained that the entire process for appointing vice chancellors had been completed, and only the governor's approval was pending. The provincial government had also stated in the Supreme Court that the entire process was complete and the appointments would be made soon.

Justice Ijaz Anwar inquired about the timing of the first advertisement, to which it was told that the advertisement was published during the tenure of the previous elected government, and the process was initiated thereafter.

The caretaker government had approved this process, but the current government wants to restart it entirely, the legal team of the petitioners argued.

Aamir Javed, one of the lawyers, presented arguments that the formation of a search committee is necessary, and involves seven members, two from outside the province and five from within. He stated that the government intends to amend the law to eliminate the two external members and have all members from within the province.

He also mentioned that the universities have been functioning without vice chancellors for over a year-and-a-half.

He said that restarting the process would further delay the appointments. During the hearing, the advocate general stated that the caretaker government had not obtained any permission from the Election Commission for the appointment of members to the academic search committee.

"The committee is not complete, and five of its members resigned before the interviews and shortlisting of candidates."

Justice Ijaz Anwar questioned how the process could be completed when the chief secretary claimed it was done properly. The advocate general clarified that the process was initiated during the caretaker government's tenure and that the current situation is well understood.

On the other hand, the petitioners argued that the delay in appointing vice chancellors was due to the caretaker government's inaction.