ISLAMABAD: The Supreme Court of Pakistan granted leave against the Islamabad High Court (IHC)’s order regarding the restoration of Dr Tariq Banuri as chairman High Education Commission (HEC).
A three-judge SC bench, headed by Justice Ijazul Ahsan, on Monday, heard the federation’s appeal against the IHC’s order. The bench said appointments by the HEC chairman would be subject to the final verdict of it.
A division bench of the IHC, comprising Chief Justice of IHC Justice Athar Minallah and Justice Aamer Farooq, on January 18 reinstated Dr Tariq Banuri as the HEC chairman. The IHC declared the notifications, dated 26.03.2021 and 05.04.2021, have been issued without lawful authority and contrary to amended provisions of the Higher Education Commission Ordinance, 2002.” “Dr Tariq Javed Banuri; therefore, stands restored as the HEC,” it added.
Banuri was appointed as chairman HEC during the tenure of former Prime Minister Shahid Khaqan Abbasi in May 2018 and he was to complete his tenure in May 2022.
The incumbent government on March 27, last year removed Dr Tariq Banuri as the chairman of the HEC with immediate effect.
A notification issued by the Cabinet Secretariat read, “In terms of sub-section (5), read with sub-section (5A), of Section 6 of HEC Ordinance, 2002, as amended vide HEC (Amendment) Ordinance, 2021, Dr Tariq Banuri has ceased to be the chairperson HEC forthwith and is accordingly removed from the said post with immediate effect.”
During the proceeding, Justice Ijaz observed that the IHC has still not passed the detailed judgment on the reinstatement of Tariq Banuri as the HEC chairman.
However, the Deputy Attorney General (DAG), appearing on behalf of the federal government, requested the bench to restrict the HEC incumbent chairman to perform only day-to-day affairs of the commission till the final SC’s verdict. He contended that the chairman can appoint only the experts, and not the executive directors, adding the chairman be restrained from deciding on policy matters.
He informed that the amendments have been made in the HEC law. Upon that Justice Muneeb Akhtar remarked how the chairman does not have power to make appointments in the HEC. He asked the DAG that on one hand you are saying the HEC law has been changed, while on the other you are praying to restrain him from making appointments.
Justice Ijaz said the appointments in the commission would be subject to the final decision of the apex court. He said still the IHC has not delivered the detailed judgment, adding they would hear the matter after the announcement of detailed judgment of the case.
Mosharraf Ali Zaidi, Prof Dr Pervez Hoodbhoy, Prof Dr M. Asif Khan, Syed Ahmed Masood, Prof Dr AH Nayyar, Prof Dr Naazish Attaullah, Prof Salima Hashim and others had moved the IHC through Faisal Siddiqui advocate against the Higher Education Commission (Amendment) Ordinance, 2021 and Higher Education Commission (Second Amendment) Ordinance, 2021 and the removal of Tariq Banuri as the chairman of the commission.
The petitioners had contended that the Federal Ministry of Education and Professional Training acting in a mala fide manner on the dictates of the present federal government suggested amendments in the Ordinance, 2002, on the ridiculous pretext that “in [the] post Covid era, the paradigm of Higher Education System and its delivery mode has undergone tremendous changes”, and furthermore that the process and criteria of tenured appointments need to be reviewed in order to “keep pace with the changing ecosystem of 21st century skills”.
They submitted that the stated purpose is floating with malafides and as explained below, the amendments suggested in the Ordinance, 2002 had the consequence of malafidely removing Tariq Banuri as the HEC chairman (although the text of the First Impugned Ordinance does not support such intention) in order to destroy the autonomous nature of the HEC which was fundamentally safeguarded by the security of tenure of the chairman and the members of the HEC.
Copyright Business Recorder, 2022