University battles: CM’s allocation of UoP property to build private varsities declared illegal
PHC says the decision was taken without lawful authority, accepts PUTA’s petition.
The decision was taken on Tuesday by a two-judge Peshawar High Court (PHC) bench of Justice Yahya Afridi and Justice Musarrat Hilali. PHOTO: PPI/FILE
PESHAWAR:
The Khyber-Pakhtunkhwa (K-P) chief minister’s (CM) decision to handover a major portion of University of Peshawar’s botanical garden to private universities has been declared illegal and without lawful authority.
The decision was taken on Tuesday by a two-judge Peshawar High Court (PHC) bench of Justice Yahya Afridi and Justice Musarrat Hilali. It was announced after final arguments on the petition filed by Peshawar University Teachers’ Association (PUTA) challenging the CM’s decision to handover part of the botanical garden in Azakhel Nowshera to set up two private universities.
“For a reason (to be recorded later), the instant writ petition is accepted to the extent that the action of the worthy chief minister dated February 24 and the step taken in pursuance. Thereof, whereby part of the property leased to the University of Peshawar (UoP) for a botanical garden has been allocated and transferred for establishing of Air University and Technical University is illegal and without lawful authority,” the short order of the court reads.
On Monday, K-P Advocate General Abdul Latif Yousafzai told the bench the district government entered into a lease agreement with UoP in 2005. The size of land with the UoP is 689 kanals and the university currently uses 77 kanals for academic purposes.
The advocate general contended that apart from the presently operational land, the rest is lying unutilized and the provincial government plans to set up an air university and technical university. This, Yousafzai stated, will not affect the current academic purpose of the botanical garden.
Mian Mohibullah Kakakhel, counsel for the petitioner, told the bench the garden, students and academic institution (on the said land) are affiliated with the state-run UoP. The teachers’ association is a registered body, however, the two universities which the government is planning to construct are private.
The local government secretary and UoP have written to the provincial government that this land must not be given up for said purpose, added Kakakhel.
Only the CM has approved the summary to give part of land to set up two separate universities.
On March 8, PUTA filed a writ petition stating on February 24 the CM presided over an official meeting and decided the botanical garden and Centre of Biodiversity located therein belonging to UoP shall be limited to 100 kanals of land. The CM decreed the rest should be given to the air and technical universities, states the petition.
It further reads the land belongs to UoP and the Higher Education Commission invested a large sum for the establishment of the botanical garden, the biodiversity centre and a public park, to fulfil the mandate of the International Convention of Rio De Janeiro as well as the students.
On March 15, PHC issued a stay order against the decision of CM Khattak.
Published in The Express Tribune, June 11th, 2014.
The Khyber-Pakhtunkhwa (K-P) chief minister’s (CM) decision to handover a major portion of University of Peshawar’s botanical garden to private universities has been declared illegal and without lawful authority.
The decision was taken on Tuesday by a two-judge Peshawar High Court (PHC) bench of Justice Yahya Afridi and Justice Musarrat Hilali. It was announced after final arguments on the petition filed by Peshawar University Teachers’ Association (PUTA) challenging the CM’s decision to handover part of the botanical garden in Azakhel Nowshera to set up two private universities.
“For a reason (to be recorded later), the instant writ petition is accepted to the extent that the action of the worthy chief minister dated February 24 and the step taken in pursuance. Thereof, whereby part of the property leased to the University of Peshawar (UoP) for a botanical garden has been allocated and transferred for establishing of Air University and Technical University is illegal and without lawful authority,” the short order of the court reads.
On Monday, K-P Advocate General Abdul Latif Yousafzai told the bench the district government entered into a lease agreement with UoP in 2005. The size of land with the UoP is 689 kanals and the university currently uses 77 kanals for academic purposes.
The advocate general contended that apart from the presently operational land, the rest is lying unutilized and the provincial government plans to set up an air university and technical university. This, Yousafzai stated, will not affect the current academic purpose of the botanical garden.
Mian Mohibullah Kakakhel, counsel for the petitioner, told the bench the garden, students and academic institution (on the said land) are affiliated with the state-run UoP. The teachers’ association is a registered body, however, the two universities which the government is planning to construct are private.
The local government secretary and UoP have written to the provincial government that this land must not be given up for said purpose, added Kakakhel.
Only the CM has approved the summary to give part of land to set up two separate universities.
On March 8, PUTA filed a writ petition stating on February 24 the CM presided over an official meeting and decided the botanical garden and Centre of Biodiversity located therein belonging to UoP shall be limited to 100 kanals of land. The CM decreed the rest should be given to the air and technical universities, states the petition.
It further reads the land belongs to UoP and the Higher Education Commission invested a large sum for the establishment of the botanical garden, the biodiversity centre and a public park, to fulfil the mandate of the International Convention of Rio De Janeiro as well as the students.
On March 15, PHC issued a stay order against the decision of CM Khattak.
Published in The Express Tribune, June 11th, 2014.