Supreme Court concerned at government’s inability to find suitable vice chancellors

Appeal against UHS VC removal to be decided on March 12.

LAHORE: A three-member bench of the Supreme Court on Tuesday allowed Dr Malik Hussain Mubashar to continue as vice chancellor of the University of Health Sciences till March 12, when it will make a decision on whether his appointment for a third term is legal.

The bench headed by Justice Tasadduq Hussain Jilani issued this order while hearing the Punjab government’s appeal of a Lahore High Court order declaring Dr Mubashar’s reappointment illegal.

During Tuesday’s proceedings, the court expressed concern over the Punjab government’s inability to appoint a vice chancellor at King Edward Medical College University and pro vice chancellor at the UHS.

Justice Jilani said that the judges could not leave the university unattended and would decide the appeal at the next hearing. He said key posts in universities were lying vacant and the government should ensure that they are filled. He noted that the KEMU had been operating without a permanent vice chancellor for two years.

Justice Saqib Nisar said this showed the “severe ad hocism” of the government.

The court was informed that Advocate General Ashtar Ausaf was absent as he was ill and had been told to rest. The court observed that no adjournment would be granted at the next hearing on March 12.

An additional advocate general told the court that on March 4, the Punjab government had advertised for the post of KEMU vice chancellor and the appointment process would be completed soon.

Advocate Nasir Qureshi, representing the respondent, argued that the Punjab government had already advertised for the post thrice but been unable to fill the vacancy.

The bench disposed of two petitions by the Pakistan Medical Association (PMA), which sought to become a party in the matter. Dr Mahmood Shaukat appeared on behalf of the PMA.

Justice Jawad S Khawaja, the third member of the bench, said although the concerns raised by the PMA representative were important, the court wanted to keep the matter in hand limited to the appointment of the UHS vice chancellor. He said the PMA should file an independent petition if it wanted to raise other issues.

Later speaking to reporters, Qureshi said that the case was very important for the Punjab government as if the courts rejected its appeal, there were vice chancellors at 12 other universities that would also be affected, among them the University of Engineering and Technology. In its appeal petition, the Punjab government argued that Dr Mubashar’s reappointment was legal, as he had been recommended by the search committee and the chief minister. It said that that the UHS Ordinance did not stop the reappointment of a vice chancellor for a second term.

Muhammad Sajjad Hussain, a citizen, had challenged the vice chancellor’s appointment before the LHC, arguing that the selection of a retired person for the post was a violation of Sections 12 and 47 of the UHS Ordinance.

 

Published in The Express Tribune, March 7^th, 2012.