SHC seeks comments on plea for DUHS VC’s appointment

Karachi

The Sindh High Court has directed the provincial law officer to file comments on a petition seeking the implementation on the advice of the chief minister for the appointment of vice chancellor of the Dow Unversity of Health Sciecnes  (DUHS).

The Pakistan Medical Association submitted in the petition that Sindh Governor Dr Ishratul Ebad Khan had discriminated against the successful nominee for the post of vice chancellor by not issuing a notification for his appointment.

The association’s counsel said that the governor returned the summary for the appointment of the VC for a second time, which was ultra vires and direct contravention of Article 105 of the constitution, which does not leave any discretion with the governor to not act in accordance with the advice of the chief minister or substitute his own reasoning.

He said Chief Minister Syed Qaim Ali Shah gave mandatory advice under Section 12(1) of the DUHS Act read with Article 105 of the constitution to appoint Dr Saeed Qureshi as vice chancellor of the DUHS. He submitted that it was the right of the public at large that the best qualified person was appointed as VC so that the quality of education being imparted there was guaranteed in the most practicable manner possible. He said that as such Dr Qureshi was declared to be the best qualified for the post by two processes. 

The court was requested to declare that in terms of Section 12(1) of the DUHS Act and Article 105 of the constitution the governor had no discretion to change or substitute with his own reasoning the advice of the government of Sindh, and to direct the governor to act in accordance with the advice of the chief minister and issue a notification for the appointment of Dr Qureshi as the VC of the university.

The high court directed the law officer to file respective comments on behalf of the DUHS and others, and adjourned the hearing for August 10. 

The SHC on April 26 had set aside the provincial government’s notification regarding the appointment of Dr Naushad A Sheikh as vice chancellor of the Dow University of Health Sciences and had directed a search committee to complete the process of the appointment within 20 days.