Not allowed: Court suspends university irregularities investigation committee
Varsity's registrar claims the HEC cannot question FUUAST about its affairs.
The court was pleaded to declare the initiation of the inquiry by the HEC against Fuuast as illegal, unlawful and mala fide. PHOTO: FILE
KARACHI:
The Sindh High Court (SHC) suspended on Friday the operation of the Higher Education Commission's (HEC) notification on the formation of a three-member committee to investigate the alleged irregularities at the Federal Urdu University of Arts, Science and Technology (Fuuast).
Justice Irfan Saadat Khan, who headed the two-member bench, also issued notices to the HEC chairperson and others to submit their comments by July 7. The directives came on a petition filed by Fuuast against the inquiry allegedly being initiated in an illegal manner by the commission. The varsity's registrar, Dr Fahimuddin, had named the HEC chairperson and the three professors that make up the inquiry committee as respondents.
The petitioner submitted that two of the universty's senators, Syed Nasir Abbas and Seema Naz Siddiqui, had complained to the HEC of alleged irregularities in Fuuast accounts. The commission had ordered an inquiry into the varsity's affairs and constituted a three-member committee, comprising Prof Dr Iftikhar Ahmed Khan, Prof Dr Khalid Mehmood Khan and Prof Dr Ghulam Ghous, to investigate the matter.
Fahimuddin argued that the notification, dated May 7, regarding the formation of the investigation committee lacks legal grounds since it had been issued without the consent of the Fuuast chancellor, the President of Pakistan.
The court was pleaded to declare the initiation of the inquiry by the HEC against Fuuast as illegal, unlawful and mala fide.
The operation of the inquiry committee was suspended till the next date of hearing.
The varsity's lawyer, Khalid Javed, argued that the committee has been constituted under Section 10(1)(b) of the HEC Ordinance 2002. Under Section 10, the HEC is authorised to constitute a committee to formulate the policies and guiding principles for the improvement and promotion of higher education, he said. "However, nowhere is it mentioned that the HEC has the power to interfere in the affairs and the governance of the university," he argued.
Published in The Express Tribune, June 8th, 2014.
The Sindh High Court (SHC) suspended on Friday the operation of the Higher Education Commission's (HEC) notification on the formation of a three-member committee to investigate the alleged irregularities at the Federal Urdu University of Arts, Science and Technology (Fuuast).
Justice Irfan Saadat Khan, who headed the two-member bench, also issued notices to the HEC chairperson and others to submit their comments by July 7. The directives came on a petition filed by Fuuast against the inquiry allegedly being initiated in an illegal manner by the commission. The varsity's registrar, Dr Fahimuddin, had named the HEC chairperson and the three professors that make up the inquiry committee as respondents.
The petitioner submitted that two of the universty's senators, Syed Nasir Abbas and Seema Naz Siddiqui, had complained to the HEC of alleged irregularities in Fuuast accounts. The commission had ordered an inquiry into the varsity's affairs and constituted a three-member committee, comprising Prof Dr Iftikhar Ahmed Khan, Prof Dr Khalid Mehmood Khan and Prof Dr Ghulam Ghous, to investigate the matter.
Fahimuddin argued that the notification, dated May 7, regarding the formation of the investigation committee lacks legal grounds since it had been issued without the consent of the Fuuast chancellor, the President of Pakistan.
The court was pleaded to declare the initiation of the inquiry by the HEC against Fuuast as illegal, unlawful and mala fide.
The operation of the inquiry committee was suspended till the next date of hearing.
The varsity's lawyer, Khalid Javed, argued that the committee has been constituted under Section 10(1)(b) of the HEC Ordinance 2002. Under Section 10, the HEC is authorised to constitute a committee to formulate the policies and guiding principles for the improvement and promotion of higher education, he said. "However, nowhere is it mentioned that the HEC has the power to interfere in the affairs and the governance of the university," he argued.
Published in The Express Tribune, June 8th, 2014.