HEC controversy: Court rules govt has no right to appoint executive director
Directs HEC to appoint new executive director within a month.
ISLAMABAD:
The Supreme Court ruled on Monday the government was not authorised to appoint an executive director for the Higher Education Commission (HEC). It also declared the term extension for Dr Sohail Naqvi illegal.
On November 29, the Establishment Division appointed Qamaruz Zaman as the new executive director of the HEC, which triggered an outcry from HEC leadership who termed the appointment an infringement of authority. Former commission chairperson Dr Attaur Rehman and vice chancellors of different universities expressed concern from time to time about the government’s apparent intervention in the affairs of an ‘autonomous body’.
The court ruled that this appointment was illegal and that HEC should temporarily manage its everyday affairs till a new director is in place.
The prime minister directed the HEC chief curtail the ‘illegal’ third extension of Naqvi’s term as executive director and Dr Riaz Hussain Qureshi as adviser. The Establishment Division also stated that all appointments of management positions made by the commission are illegal, adding that the prime minister was the only appointing authority.
On December 6, following a Senate Standing Committee on Education and Training meeting, HEC Chairman Javaid R Laghari sent a notification to the acting executive director which stated that “In view of the meeting in parliament, the discussions and the assurances by the committee chairman, you will continue (to) perform your functions.”
CJ’s concerns
“The establishment should not intervene in any independent body, including the judiciary,” said Chief Justice Iftikhar Muhammad Chaudhry.
However, the court also ruled that the commission’s decision to extend the term of former Executive Director was also illegal. The three-member bench was hearing the petition filed by a citizen on December 10 against the government’s ‘second attack’ on the HEC’s autonomy.
The chief justice said a good solution was to appoint a permanent executive director, as the constant administrative tussle is damaging to the body. “Chief justices come and go. I will also leave in future, but institutions have to remain,” said Chaudhry.
Regarding life threats to Laghari, the Supreme Court ordered the Islamabad inspector general to provide security to his family.
Published in The Express Tribune, December 18th, 2012.
The Supreme Court ruled on Monday the government was not authorised to appoint an executive director for the Higher Education Commission (HEC). It also declared the term extension for Dr Sohail Naqvi illegal.
On November 29, the Establishment Division appointed Qamaruz Zaman as the new executive director of the HEC, which triggered an outcry from HEC leadership who termed the appointment an infringement of authority. Former commission chairperson Dr Attaur Rehman and vice chancellors of different universities expressed concern from time to time about the government’s apparent intervention in the affairs of an ‘autonomous body’.
The court ruled that this appointment was illegal and that HEC should temporarily manage its everyday affairs till a new director is in place.
The prime minister directed the HEC chief curtail the ‘illegal’ third extension of Naqvi’s term as executive director and Dr Riaz Hussain Qureshi as adviser. The Establishment Division also stated that all appointments of management positions made by the commission are illegal, adding that the prime minister was the only appointing authority.
On December 6, following a Senate Standing Committee on Education and Training meeting, HEC Chairman Javaid R Laghari sent a notification to the acting executive director which stated that “In view of the meeting in parliament, the discussions and the assurances by the committee chairman, you will continue (to) perform your functions.”
CJ’s concerns
“The establishment should not intervene in any independent body, including the judiciary,” said Chief Justice Iftikhar Muhammad Chaudhry.
However, the court also ruled that the commission’s decision to extend the term of former Executive Director was also illegal. The three-member bench was hearing the petition filed by a citizen on December 10 against the government’s ‘second attack’ on the HEC’s autonomy.
The chief justice said a good solution was to appoint a permanent executive director, as the constant administrative tussle is damaging to the body. “Chief justices come and go. I will also leave in future, but institutions have to remain,” said Chaudhry.
Regarding life threats to Laghari, the Supreme Court ordered the Islamabad inspector general to provide security to his family.
Published in The Express Tribune, December 18th, 2012.