HEC capers: Just when he thought he was out, they pull him back in

In a surprise move, HEC chairman terms Naqvi’s appointment valid.

ISLAMABAD:

The higher education regulators on Wednesday surprisingly took a U-trun and termed the third extension to Executive Director (ED) Dr Sohail Naqvi valid.

In a notification to Additional Executive Director Major (retd) Qamar Zaman Chaudhry, Higher Education Commission (HEC) Chairman Dr Javaid R Leghari said “the commission on August 27, 2012… approved the appointment of Naqvi as ED for a third term of four years… On November 8, 2012 the commission reviewed the decision in a special meeting and resolved that the appointment of HEC employees including those of Management Position (MP) scales rest within the purview of the Commission.”

Leghari maintained that a number of HEC members had expressed concern over the December 6 letter which ordered Naqvi’s removal, citing the HEC Act Section 11(1) about the authority’s right to appoint an ED. “The letter was issued without the approval of the commission and members asked me to withdraw it,” the notification read. It further read, “I decided to withdraw it and informed HEC legal counsel on December 9 that the August 27 and September 16 decisions stand valid.”

On October 24, 2012, the Establishment Division through a notification declared all appointments and extensions granted to MP-1 scale officials without the prior approval of the prime minister as illegal.

On November 29, the Establishment Division appointed Major (retd) Chaudhry as the new ED, which triggered an outcry from contractual employees, who are also at the centre of the controversy.



On September 3 Chaudhry transferred an officer, but the decision was nullified by the chairman stating that “he does not have the jurisdiction to appoint an ED, as under HEC Act Section 11 (1), only the commission reserves that right.”

But on December 6, following a Senate Standing Committee on Education and Training meeting the day before, Leghari sent a notification to the acting ED that ‘in view of the meeting in Parliament, the discussions and the assurances by the committee chairman, you will continue perform your functions as Acting ED.

The Prime Minister directed the HEC chairman on September 3 to stop the processes of extension to Naqvi as ED in MP-1 and Dr Riaz Hussain Qureshi as adviser in MP-II. Despite the PM’s directive, the HEC chairman issued orders in violation of the HEC Act 2002 and Establishment Division rules.

The right to appoint the ED also reached the courts on December 10. The Supreme Court chief justice was surprised to hear that the previous ED was replaced by the government and adjourned the hearing till December 17.

In a text message to The Express Tribune, Naqvi apologised and said he could not comment on the issue “as the case is sub judice”.

Leghari was not available to talk but posted a message on the social networking site Twitter saying, “Only [the] Board of [the] HEC is authorised by law to appoint [the] ED, not [the] Establishment Division. [The] Law supersedes [any such] notifications says [the] Supreme Court.”

However, the Supreme Court did not issue such an observation in its first hearing on December 10.

Published in The Express Tribune, December 13^th, 2012.