IHC seeks govt response over Dr Mukhtar’s reappointment as HEC Chairman

Dr. Mukhtar's 1-year extension by PM on August 7 was challenged as 'unlawful' for bypassing the advertised process.

The Islamabad High Court (IHC) has issued a notice to Prime Minister Shehbaz Sharif, through the principal secretary, in response to a petition challenging the reappointment of Dr. Mukhtar Ahmed as Chairman of the Higher Education Commission (HEC).

The court, under Justice Miangul Hassan Aurangzeb, also sent notices to the Ministry of Education and Dr Mukhtar Ahmed, asking all parties to submit their replies by October 1.

The petition was filed by an associate professor from Islamia College Peshawar.

According to the court's written order, the petition challenges the August 7 notification from the Establishment Division, which reappointed Dr. Mukhtar for one year under Section 6(5) of the HEC Ordinance.

The petitioner's lawyer argued that Dr. Mukhtar cannot be reappointed without undergoing a competitive process to prove his qualifications.

On August 7, HEC Chairman Dr Mukhtar Ahmed got a year extension as he had completed his two-year tenure in the first week of August.

After approval by PM Shehbaz, the Prime Minister's Office (PMO) sent a letter to the Ministry of Federal Education and Professional Training informing it that the prime minister has granted one-year extension to Dr Mukhtar.

“Re-appointment of the Chairperson of HEC…The Prime Minister is pleased to approve the re-appointment of Dr Mukhtar as Chairperson HEC for a period of one year with effect from 30th July,” read the letter issued by Asad Rehman Gilani, Secretary to Prime Minister.

During the hearing, the lawyer further stated that an advertisement for the post was issued in newspapers, but the recruitment process was halted without explanation.

After that, Dr. Mukhtar's reappointment was announced, which the petitioner claims is "unlawful".

Following the PMO's letter which announced the reappointment of Dr Mukhtar, an official mentioned that the process to appoint a new chairman after Dr Mukhtar's one-year tenure should begin well in advance to ensure completion by July next year (2025) when his extended term ends.

The official also expressed disappointment, noting that the education ministry had failed to make a timely appointment.

It is also noted that the post of director general of the Federal Directorate of Education (FDE) has also remained vacant since July last year as the ministry could not complete the process of a new DG.

The position of DG of the FDE, a grade 21 post, has been overseen by a grade 20 officer on an interim basis for several months. The ministry is now reportedly working towards his re-appointment.

As per the court's order today, the involved parties are directed to submit clause-wise responses to the petition.

The next hearing is scheduled for October 1.

Dr. Mukhtar was appointed as the Chairman of the HEC in July 2022 by the PDM government for a two-year term.

He had previously held the same position from 2014 to 2018. Under the PTI government, the tenure of the HEC chairman was reduced from four years to two through an ordinance.

The change was seen as a move to remove the then-Chairman, Dr. Tariq Banuri, who was dismissed prematurely by the PTI administration.