Edwardes College Peshawar
PESHAWAR: The litigation over appointment of Edwardes College principal has reached the Supreme Court of Pakistan as an educationist has moved the apex court against the hiring of a retired brigadier on the post.
Malak Naz, a former associate professor of English at the Islamia College Peshawar and director Institute of Education and Research, University of Peshawar, had filed the appeal in the Supreme Court through his lawyer Barrister Jehanzeb Rahim against the appointment of Brigadier (r) Dr Nayer Fardows as principal of Edwardes College.
In the appeal, the decision of Peshawar High Court (PHC) was also challenged. The PHC had dismissed the writ petition of the appellant against the appointment of the Edwardes College principal.
The PHC in its verdict had declared the Edwardes College as a private institution as the petitioner failed to prove that the principal’s position was a public office.The PHC also pointed out that the petitioner did not challenge the non-eligibility of Dr Nayer Fardows as he only alleged in the petition that the appointment of the principal was pre-planned with malafide intention and ulterior motive under political pressure and manoeuvering of the Bishop of Peshawar.
However, the appellant has now taken his case to the Supreme Court and put 16 questions in the appeal against the appointment of the principal and also the PHC verdict.One of the questions was whether the high court would remain silent over the excesses of respondents and not come to the rescue of the petitioner if his fundamental rights are blatantly violated or a breach of due process of law as protected under Article 4 of Constitution appeared on the face of record.
The appeal also questioned whether Edwardes College is a private institution and owned by an individual spending money for dissemination of education or is the provincial government contributing finances in developing infrastructure, expanding land and giving grants for operational activities of the college.
It pointed out that Edwardes College was a reputed educational institution and an autonomous body and its affairs were managed by Board of Governors since 1974.
The appeal explained that Board of Governors comprised KP governor as chairman, provincial minister of education and Bishop of Diocese Peshawar as vice-chairmen, principal of the college as secretary, and Vice-Chancellor University of Peshawar, director of education KP, Commissioner Peshawar, secretary finance, one old boy of the college, one nominee of the Bishop and one teacher of the college as members.
It noted that in recent past there was a tussle between Bishop and the Board of Governors over appointment of the college principal. “The Bishop contended that it is a Christian Institution and its management should be handed over to the Diocese of Peshawar so that he, being its head, should also become head of its governing body,” the appeal noted. It added that this contention was opposed by the faculty of the college because they thought that as per their terms of employment they work under Board of Governors and not the Bishop.
It said for the first time the then KP governor Barrister Masood Kausar decided to appoint the principal of the college by adopting the procedure based on transparency and merit and not on the choice of the Bishop.
The appellant Malak Naz claimed the Bishop succeeded in rolling back the entire process of the search committee for the appointment of principal and got appointed his hand-picked man, Titus Presler, who later proved to be a CIA agent and was sacked.
He said the Board of Governors time and again directed the search committee to advertise the post of principal, but the Bishop wanted someone of his choice.According Malak Jan’s appeal, the post was advertised despite the Bishop’s opposition and 72 applicants applied for it.
The appellant said the Bishop again exerted political pressure on the government and on October 26, 2014 the PTI chief Imran Khan in its speech at a public meeting directed chief minister KP not to interfere in the affairs of the Edwardes College because it belonged to the Christians.
The appellant claimed he was shortlisted for the job, but he didn’t appear for the interview as he had authentic information that Brig (R) Nayer Fardows being the choice of the Bishop would be appointed as principal.
