PHC issues notices in ICU VC case

August 23,2019

PESHAWAR: The Peshawar High Court has issued a notice to Khyber Pakhtunkhwa governor as chancellor of Islamia College University, chief minister and Higher Education Department in a writ petition...

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PESHAWAR: The Peshawar High Court has issued a notice to Khyber Pakhtunkhwa governor as chancellor of Islamia College University, chief minister and Higher Education Department in a writ petition challenging notification allowing Dr Habib Ahmad to continue as vice-chancellor of the Islamia College University even after expiry of his three-year tenure.

A two-member bench comprising Justice Arshad Ali and Justice Waqar Ahmad issued a notice to respondents including Khyber Pakhtunkhwa governor as chancellor, KP government through secretary Higher Education Department, chief minister through the principal secretary and vice-chancellor, directing to submit comments within three days.

As per the short order, it said the petitioner Dr Dilnawaz, pro-vice-chancellor Islamia College University (ICU), contended that the former VC ICU Dr Habib Ahmad was initially appointed as VC for three years, which expired on July 29, 2019. However, it said the KP governor as chancellor on the recommendation of the chief minister has granted an extension to him, which is contrary to section 12-A of the KP Universities Act 2012.

The bench stated that at the moment, respondent No 2 (Dr Habib Ahmad), VC of the ICU, is on leave till September 5. As per the law, the pro-vice-chancellor is performing the duties of vice-chancellor (officiating).

“Thus, it is not appropriate to pass any order on the request of the petitioner for interim relief. Counsels for the respondents have stated that they would submit para-wise comments. The court directed respondents to submit comments within three days and provide copies of the comments to the petitioner before the next hearing. The court may consider the request of the petitioner to suspend operations on the notification as interim relief if the respondent lawyers remained absent in the case, the order stated.

Abdul Latif Afridi appeared for the petitioner and submitted that KP governor as chancellor on the recommendation of chief minister granted an extension to VC, whose term has expired, but it is contrary to section 12-A of the KP Universities Act 2012.He said the chancellor, under the law, has no power to issue notification for allowing the respondent No 2 (Dr Habib Ahmad) to continue. He said that under the law, the pro-vice-chancellor would continue as acting VC till the appointment of the regular VC.

During the hearing, Qazi Muhammad Anwar appeared for Dr Habib Ahmed and submitted that he is on ex-Pakistan leave and would come on September 2. He said that he would submit his reply as the petition is non-maintainable.


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