Unconstitutional decisions taken at Sindh HEC meeting cannot be implemented
The first-ever meeting of the Sindh HEC is being held today
KARACHI:
The Sindh High Court (SHC) restrained the Sindh government on Wednesday from implementing any decision taken during the meeting of the controversial Sindh Higher Education Commission's board that may be against the provisions of the Constitution.
The first-ever meeting of the Sindh HEC, which came into being following the passage of the controversial law by the provincial assembly, is being held today.
A division bench, headed by the Chief Justice Maqbool Baqar, passed this direction while hearing identical petitions challenging the establishment of the higher education commission at the provincial level in pursuance of the Sindh Higher Education Commission Act, 2013. The petitions were filed by former HEC chief Dr Attaur Rehman along with the Pakistan Muslim League-N leader Marvi Memon and Advocate Nadeem Sheikh.
On February 21, the Sindh Assembly had passed a new law to set up its own provincial body that will be given all the powers, including the authority to verify degrees awarded by any institution in the world. In their petition, Rehman and Memon had argued that higher education was the exclusive domain of the federal legislature. It is essential that the HEC must continue to perform its functions with federal status but the Sindh government has decided to destroy the HEC by promulgating the act, they claimed.
"The major functions of the HEC are being assigned to the Sindh HEC, in a manner that there will be no cohesion in higher education and will be done independently by separate agencies," their lawyer Anwar Mansoor Khan argued.
He said that the provincial government had no authority to act contrary to the rights stated in the law and the Constitution and destroy the fundamental rights of the citizens by eliminating the role of the HEC to suit its purposes. He argued that no subject, which is on the Federal Consolidated List, can be legislated by a province.
Rehman and Memon said that the new law was a move to avoid verification process of lawmakers' degrees which the federal Higher Education Commission had initiated on the orders of the election commission. He pleaded the court declare the Sindh Higher Education Commission Act 2013 as unlawful and unconstitutional.
Meeting allowed
At the outset of Wednesday's proceedings, additional advocate general Adnan Karim Memon requested for adjournment to enable him to fully prepare and argue the matter on the next date.
However, Advocate Khan informed the bench that the first the meeting of the commission under this Act is scheduled to be held tomorrow, where the board may make such decisions, which may be contrary to the provisions of the Constitution. Additional AG Karim said the subject law and all its acts strictly conform to the Constitution. "We would, though allow the proposed meeting to be held, but would restrain the Sindh government from implementing any decision that may be made therein, which may be contrary to or in conflict with the provisions of the Constitution of Pakistan till December 12."
Sindh HEC's reply sought
Meanwhile, Barrister Zamir Ahmed Ghumro said he has been engaged by Sindh HEC, which certainly is necessary party to the present proceedings and will be directly affected by the outcome of the ongoing proceedings. The bench allowed the Sindh HEC to be added as party to the proceedings. Advocate Khan assured to file the amended title of the petition.
Published in The Express Tribune, November 20th, 2014.
The Sindh High Court (SHC) restrained the Sindh government on Wednesday from implementing any decision taken during the meeting of the controversial Sindh Higher Education Commission's board that may be against the provisions of the Constitution.
The first-ever meeting of the Sindh HEC, which came into being following the passage of the controversial law by the provincial assembly, is being held today.
A division bench, headed by the Chief Justice Maqbool Baqar, passed this direction while hearing identical petitions challenging the establishment of the higher education commission at the provincial level in pursuance of the Sindh Higher Education Commission Act, 2013. The petitions were filed by former HEC chief Dr Attaur Rehman along with the Pakistan Muslim League-N leader Marvi Memon and Advocate Nadeem Sheikh.
On February 21, the Sindh Assembly had passed a new law to set up its own provincial body that will be given all the powers, including the authority to verify degrees awarded by any institution in the world. In their petition, Rehman and Memon had argued that higher education was the exclusive domain of the federal legislature. It is essential that the HEC must continue to perform its functions with federal status but the Sindh government has decided to destroy the HEC by promulgating the act, they claimed.
"The major functions of the HEC are being assigned to the Sindh HEC, in a manner that there will be no cohesion in higher education and will be done independently by separate agencies," their lawyer Anwar Mansoor Khan argued.
He said that the provincial government had no authority to act contrary to the rights stated in the law and the Constitution and destroy the fundamental rights of the citizens by eliminating the role of the HEC to suit its purposes. He argued that no subject, which is on the Federal Consolidated List, can be legislated by a province.
Rehman and Memon said that the new law was a move to avoid verification process of lawmakers' degrees which the federal Higher Education Commission had initiated on the orders of the election commission. He pleaded the court declare the Sindh Higher Education Commission Act 2013 as unlawful and unconstitutional.
Meeting allowed
At the outset of Wednesday's proceedings, additional advocate general Adnan Karim Memon requested for adjournment to enable him to fully prepare and argue the matter on the next date.
However, Advocate Khan informed the bench that the first the meeting of the commission under this Act is scheduled to be held tomorrow, where the board may make such decisions, which may be contrary to the provisions of the Constitution. Additional AG Karim said the subject law and all its acts strictly conform to the Constitution. "We would, though allow the proposed meeting to be held, but would restrain the Sindh government from implementing any decision that may be made therein, which may be contrary to or in conflict with the provisions of the Constitution of Pakistan till December 12."
Sindh HEC's reply sought
Meanwhile, Barrister Zamir Ahmed Ghumro said he has been engaged by Sindh HEC, which certainly is necessary party to the present proceedings and will be directly affected by the outcome of the ongoing proceedings. The bench allowed the Sindh HEC to be added as party to the proceedings. Advocate Khan assured to file the amended title of the petition.
Published in The Express Tribune, November 20th, 2014.