Accepting the plea of Higher Education Commission for right to file appeal against Lahore High Court verdict that authorized provinces to appoint vice chancellors in public sector universities, the Supreme Court Monday issued notices to attorney general for Pakistan and others in the matter.
The Higher Education Commission (HEC) had challenged Lahore High Court's decision which said the HEC Ordinance 2002 set minimum and non-binding guidelines for the appointment of vice chancellors in public sector universities.
Appearing before a three-member bench led by Chief Justice Mian Saqib Nisar, the HEC counsel, Raheel Kamran Sheikh, argued that high court had in its order conceded that the federation could set standards in the institutions of higher education under Entry 12 of Part-II of the Federal Legislative List.
Sheikh further pleaded that the HEC could always pass minimum national standards since they catered to all public sector universities in the country and maintained national unity and federal compact.
According to the LHC decision, the provincial legislature had the power to set standards, procedures and criteria for selection of the vice chancellor as long as they were not below the minimum and baseline standards set by the federation.
Raheel Kamran Sheikh claimed that an amendment introduced to authorize provinces to prescribe standards in higher education department to appoint vice chancellors in public sector universities is ultra vires to the Constitution of Pakistan. Later, the bench granted leave to appeal in the matter and issued notices to the attorney general for Pakistan and other respondents. The hearing was adjourned for an indefinite period.
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