PHC declares appointment of ICU VC unlawful

PESHAWAR: The Peshawar High Court (PHC) on Wednesday declared the appointment of Professor Dr Habib Ahmad as Vice-Chancellor Islamia College University void and against the law.

A division bench comprising Justice Waqar Ahmad Seth and Justice Musarrat Hilali allowed the writ petition filed for declaring his appointment as illegal and unlawful.

The court issued the order in a writ petition filed by Prof Dr Yaseen Iqbal, who sought removal of the vice-chancellor on the grounds that he was ineligible for the post.

During arguments of the case, the petitioner submitted before the bench that merit was violated in the appointment of vice-chancellors of several universities, including that of Dr Habib Ahmad in 2016. By

The recommendation for these appointments were made by the scrutiny committee headed by Dr Atta-ur-Rahman, the former Higher Education Commission (HEC) chairman.

He said that according to section 39 2(a) of the KP Universities 2016 (Amendment) Act, a vice-chancellor must have a good academic record.

He pointed out that Dr. Habib Ahmad, having two third divisions in examinations, was recommended and appointed as vice-chancellor of the historic Islamia College University in Peshawar, where students with 90 percent marks fail to get admission due to the stiff competition on merit.

He argued that a person with a single third division is ineligible even for the post of lecturer, which is the junior most academic position, in a university.

He submitted that if a person had an MPhil/PhD degree, a single third division can be accepted. “According to the HEC rules and regulations, there is no room for more than one third division for a candidate aspiring for these jobs,” he added. .

Prof Yaseen Iqbal submitted to the court a copy of the summary forwarded to the chief minister and governor which shows the recommendation and the selection of Dr Habib Ahmad as vice-chancellor despite fact that he was a double third divisioner.

He petitioned the court that the selection of Dr Habib Ahmad as vice-chancellor of Islamia College University (Respondent No. 4) be declared as without lawful authority being based on nepotism, malafide intention and in violation of merit.

Consequently, he pleaded that the respondents be ordered to consider the petitioner for appointment as vice chancellor of Islamia College University.

On the other hand, counsels for the respondent vice-chancellor submitted before the court that there is no mention in the rules and law that a third division holder could not be appointed as the vice-chancellor.

However, the lawyers did not answerthe court’s query whether a double third division holder could be adjudged to have good academic record required for the post.

The petitioner Dr Yaseen Iqbal said that he is a qualified person for the post and thus be declared as vice-chancellor of the university.