University of Health Sciences: Vice chancellor allowed to work till March 6

‘Controversy-free, qualified people must be appointed to important posts’.

LAHORE:

A two-member bench of the Supreme Court on Friday suspended an order of the Lahore High Court (LHC) and allowed Professor Dr Malik Hussain Mubashar to function as Vice Chancellor (VC) of the University of Health Sciences (UHS) till March 6, the next date of hearing.

The bench headed by Justice Tasadduq Hussain Jilani issued the order while hearing the Punjab government’s appeal challenging the LHC order declaring Dr Mubashar’s reappointment illegal.

The court was concerned at the inefficiency of the Punjab government and the governor in running the affairs of top universities of the province.

“The chief minister and chancellor have been granted powers to run institutions, not to keep holding on to them. The UHS pro-vice chancellor has not been appointed for six years and the vice chancellor’s seat in King Edward Medical College University is lying vacant for two years,” Justice Mian Saqib Nisar observed.

The justice said, “Is this the way to fill the top slots of educational institutes? And what message are we sending out? Non-controversial, highly qualified people should be appointed to such important seats. There should not be a whiff of corruption around them so that no one can raise a finger at them. If the affairs keep on going this manner, people will lose confidence in the institutions.”

Advocate General Ashtar Ausaf Ali assured the court that the appointment of the VC of the King Edward Medical College University would be made soon. Regarding the question of Dr Mubashar attaining the age of superannuation, Ali said Dr Mubashar was eligible to be appointed as VC as attaining the age of superannuation was not an impediment in the way of his re-appointment.

Justice Nisar asked whether Dr Mubashar could be appointed as a professor in any medical college? The advocate general replied in the affirmative and added that under the rules of the Pakistan Medical and Dental Council (PMDC) the age limit for a professor was 70. Justice Nisar expressed astonishment and said, “You are a competent officer and you are saying that a professor’s age of superannuating is 70?” Justice Nisar added that Dr Mubashar was a civil servant and his services would be governed under the Civil Servants Act and not by the rules of the PMDC. He pointed out that the 70 years age limit was meant for appointment of professors in private medical colleges only.

Ali also said the petitioner had no locus standi. The court asked what locus standi the government had to file the appeal because under the law Dr Mubashar should have moved it and established under which law he was qualified to hold the office.

The court also raised certain legal questions. They asked whether Dr Mubashar had the requisite qualification under Section 12(2) of UHS Ordinance, 2009 when he had already served as VC for a period of more than four years.

The court also inquired whether not appointing a VC for King Edwards Medical College University was a violation of the laws governing the institution.

The court added that it should also be determined whether PMDC rules were applicable to appointments made under the UHS Ordinance, 2009 and whether or not appointing a Pro-VC reflected incompetence on the part of the chief minister and chancellor.

In his petition, the advocate general had argued that the chancellor on the recommendation of the chief minister and the search committee had appointed Dr Mubashar for four years. He said UHS Ordinance, 2009 did not bar reappointment of VC after the expiry of his four year term.

During the hearing, Advocate Muhammad Azhar Siddique pointed out that 12 VCs of public universities in the Punjab were being appointed in the same manner and requested the court to seek a report from the government about all these appointments.

Published in The Express Tribune, March 3^rd, 2012.