Vice Chancellors’ Committee Meeting

Thursday the January 05, 2017

Hotel Margala, Islamabad

Thursday the January 05, 2017

Time (Hours) Program

0900 -1000 Registration & guest to be seated

1000-1010 Recitation from the Holy Quran

1010-1030 Welcome Address by the Chairman Vice Chancellors’ Committee Prof. Dr. Muhammad Rasul Jan and introduction to proposed

discussion points

1030-1100 Open Q&A Session | General Discussion

1100-1130 Tea Break

1130-1200 Presentation/Talk by the Chairman HEC

1200-1300 Discussion on the proposed agenda

1300-1400 Prayer & Lunch Break

1400-1420 Presentation by the Vice Chancellor, PIDE about Critical Issues for Future of Higher Education

1420-1630 Discussion on agenda continues followed closing resolution/remarks by the Chairman HEC/Executive Director HEC

Proposed Agenda Points for Discussion:

1) Autonomy of HEIs a. Khyber Pakhtunkhwa Universities act have been changed three times in less

than fifteen months to curtail power of the Vice Chancellors

b. Reducing the tenure of Vice chancellor from four years to three years

c. Imposing statutes directly by Higher Education Department thus taking away the power of Academic Council, Syndicate and Senate.

d. Interference in holding Selection Boards and Syndicate Meeting of universities where the position of Vice Chancellors have been advertised.

e. Placements of Federal Public Sector Universities/HEIs under Federal Government Rules of Business, 1973

f. HEIs in Post 18th Amendment Scenario

2) LHC Court Order

Lahore High Court, Lahore Writ Petition # 37411 of 2015 titled Dr. Aurangzeb Alamgir vs. Province of Punjab, and others

Highlights:

i. the Notification dated 7.4.2016 by the Higher education Department laying down qualification, experience and other requirements for the post of Vice Chancellors of public sector universities is an action extra jus and is struck down as beyond the power conferred on the HEC Department by the Constitution.

ii. The HEC is directed to lay down criteria for appointment of Vice Chancellors of the public sector universities by specifying concrete and clear terms of the said criteria. It would be a preferred mode of undertaking such an exercise that the criteria be set down through rules in terms of Section-21 of the HEC Ordinance, 2002. However, if this is not possible for the HEC to do so, the eligibility criteria ought to be laid down under the current dispensation and the procedure prescribed by the HEC Ordinance, 2002 within a period of one month from the receipt of the order of this court. The HEC shall take care of to the eligibility criteria as elaborately and extensively as possible by taking into account such criteria which is prevalent internationally and the standards which the universities all of world are obliged to follow.

iii. During the interregnum while the process for the appointment of the Vice Chancellors is being undertaken, the most senior professor in terms of length of service shall be appointed by the Government of Punjab as Vice Chancellor for the Public Sector Universities in respect of whom the appointments have to be made. The notification to this effect shall be issued within a period of 7 day from the receipt of the order of this court.

iv. The notification by the Higher Education Department dated March 03, 2015 setting a Search Committee for the appointment of Vice Chancellors of Public Sector Universities offends the clear provisions of the various statutes relating to those public sector universities and is, therefore, set aside. The Search Committee shall be reconstituted with a period of one month from the receipt of the order of this court in terms of the observations made hereinabove.

v. The Government of Punjab shall after the criteria has been settled by the HEC and Search Committees constituted, initiate fresh process for appointment of C=vice Chancellors for the public sector Universities in issue.

ICA # 1767 of 2016 in LHC, Lahore

Under ICA # 1767 of 2016 titled Province of Punjab vs. Dr. Aurangzeb Alamgir, etc. in the

Lahore High Court, Lahore Order dated 19-12-2016, the LHEC Order referred to above has

been suspended till next hearing.

The appellant has questioned judgment dated 14.11.2016 passed in WP No. 37411/2015 by

the learned single judge in chambers on the ground that the subject of “education” has

devolved to the Provinces under 18th Constitutional Amendment) Act, 2010}, therefore, the

matter pertaining to the appointment of Vice Chancellors in the Public Sector Universities in

the Punjab fall within the provincial domain. It is further submitted that amendments have

been brought in the laws relating to various Public Sector Universities through “The Public

Sector Universities (Amendment) Act, 2012”, wherein an elaborate process of appointment

of Vice Chancellor has been provided. Therefore, the appointment of Vice Chancellors within

the domain of the Higher Education Commission under The Higher Education Commission

Ordinance, 2002 and is also not covered under Item 12 of Par-II of the Federal Legislative List

of the Constitution.

Being now the question of interpretation of the Constitution, the impugned judgment of the

learned single judge in chambers shall remain suspended till the next date of hearing.

3) Any other issue with the permission of the Chair