Govt withdraws notification of Prof Mubashar’s appointment
SC gives Punjab 3 months to appoint permanent vice chancellor at UHS.
LAHORE:
A four-member bench of the Supreme Court named an interim vice chancellor to lead the University of Health Sciences (UHS) until the government makes a permanent appointment, after Chief Minister Shahbaz Sharif withdrew the notification appointing Prof Malik Hussain Mubashar to the post.
The court was hearing appeals by the Punjab government and Prof Mubashar against the Lahore High Court’s decision to set aside the latter’s appointment as vice chancellor of the UHS as he was past the age of retirement. It gave the government three months to appoint a permanent vice chancellor, pro vice chancellor and chief executive to the university.
The bench issued these directions after Advocate General Ashtar Ausaf Ali, following a meeting with the chief minister, submitted that the government was withdrawing the notification. He added that the government would amend the UHS Ordinance 2002 to remove ambiguities about the vice chancellor’s qualifications.
Justice Tasadduq Hussain Jillani was about to announce that interim charge of the VC’s office should be handed to the university’s chief executive, but counsel for the respondent Advocate Nasir Mahmood Qureshi pointed out that Prof Mubashar also held the post of chief executive.
Justice Saqib Nisar said it was strange that the same person was the vice chancellor, pro vice chancellor and chief executive of the university. He said the UHS was a large institution with several affiliated medical colleges and they were suffering because of the government’s failure to appoint the UHS administration.
The bench nevertheless set aside the LHC’s judgment and ordered that it not be published in any law journal, nor be made part of the record.
When proceedings started, the advocate general spoke in favour of Prof Mubashar, arguing that the retirement age bar should not apply to the office of vice chancellor. However, the bench suggested that the two sides reach a compromise. The advocate general sought time to consult with the chief minister. The court gave him three hours and adjourned the hearing until 1.30pm.
When the hearing resumed, Ausaf Ali said that the government was ready to withdraw the notification of appointment, but the court should set aside the LHC judgment, which contained negative comments about Prof Mubashar. Qureshi, the respondent’s counsel, consented to the arrangement.
The bench asked Prof Mubashar who from the UHS should be appointed chief executive. He said the next most senior professor was also past the age of retirement, so they should appoint Dr IA Naveed. He was made chief executive and vice chancellor for an interim period.
The Punjab government and Prof Mubashar had filed two separate appeals against the LHC order of February 27 which declared his appointment illegal. The apex court had temporarily suspended the LHC judgement and allowed Prof Mubashar to hold the charge till the appeals were decided.
Published in The Express Tribune, March 15th, 2012.
A four-member bench of the Supreme Court named an interim vice chancellor to lead the University of Health Sciences (UHS) until the government makes a permanent appointment, after Chief Minister Shahbaz Sharif withdrew the notification appointing Prof Malik Hussain Mubashar to the post.
The court was hearing appeals by the Punjab government and Prof Mubashar against the Lahore High Court’s decision to set aside the latter’s appointment as vice chancellor of the UHS as he was past the age of retirement. It gave the government three months to appoint a permanent vice chancellor, pro vice chancellor and chief executive to the university.
The bench issued these directions after Advocate General Ashtar Ausaf Ali, following a meeting with the chief minister, submitted that the government was withdrawing the notification. He added that the government would amend the UHS Ordinance 2002 to remove ambiguities about the vice chancellor’s qualifications.
Justice Tasadduq Hussain Jillani was about to announce that interim charge of the VC’s office should be handed to the university’s chief executive, but counsel for the respondent Advocate Nasir Mahmood Qureshi pointed out that Prof Mubashar also held the post of chief executive.
Justice Saqib Nisar said it was strange that the same person was the vice chancellor, pro vice chancellor and chief executive of the university. He said the UHS was a large institution with several affiliated medical colleges and they were suffering because of the government’s failure to appoint the UHS administration.
The bench nevertheless set aside the LHC’s judgment and ordered that it not be published in any law journal, nor be made part of the record.
When proceedings started, the advocate general spoke in favour of Prof Mubashar, arguing that the retirement age bar should not apply to the office of vice chancellor. However, the bench suggested that the two sides reach a compromise. The advocate general sought time to consult with the chief minister. The court gave him three hours and adjourned the hearing until 1.30pm.
When the hearing resumed, Ausaf Ali said that the government was ready to withdraw the notification of appointment, but the court should set aside the LHC judgment, which contained negative comments about Prof Mubashar. Qureshi, the respondent’s counsel, consented to the arrangement.
The bench asked Prof Mubashar who from the UHS should be appointed chief executive. He said the next most senior professor was also past the age of retirement, so they should appoint Dr IA Naveed. He was made chief executive and vice chancellor for an interim period.
The Punjab government and Prof Mubashar had filed two separate appeals against the LHC order of February 27 which declared his appointment illegal. The apex court had temporarily suspended the LHC judgement and allowed Prof Mubashar to hold the charge till the appeals were decided.
Published in The Express Tribune, March 15th, 2012.