PHC sets aside appointment of Dr Arshad as KMU VC

PESHAWAR: Setting aside the appointment of Dr Arshad Javaid as vice-chancellor Khyber Medical University, the Peshawar High Court (PHC) declared that illegality was committed in the process of shortlisting of candidates by some members of Academic Search Committee.

However, the court declared that Prof Dr Arshad Javed would continue as acting vice chancellor till appointment of the VC strictly under the law and rules.

In a 20-page detailed judgment released on Friday, the high court bench comprising Justice Ikramullah Khan and Justice Muhammad Ayub Khan declared that the very process of shortlisting candidates by some of members of the Academic Search Committee was illegal.

The judgment, authored by Justice Ikramullah Khan, stated that not only the petitioner, but all those eligible candidates who were illegally shortlisted were not treated in accordance with law.

The high court declared that the Academic Search Committee shall consider all the eligible candidates, de novo on merit with proper application of mind and recommend three suitable candidates in accordance with formula of evaluation devised by the Committee.

In the meanwhile, the court declared that Dr Arshad Javed shall continue as acting vice chancellor till appointment of a permanent vice chancellor in term of section 12(1) of the Khyber Pakhtunkhwa Universities Act 2012.

However, the court ordered that for appointment of the vice chancellor, the convenor of Search Committee shall ensure the presence of members of the Committee.

“The stance taken by the counsel (Mohibullah Kakakhel) for the petitioner (Prof Dr Ziaul Islam) is of two folds. Firstly, the composition of the Board having members, which have personal bias with the petitioners and secondly, the merit position of the candidates was not clear, affecting the very transparency of the selection process,” the bench stated in the judgement.

It said that the petitioner has not only questioned the appointment of respondent Dr Arshad Javed, but has also questioned non-inclusion of his name in the shortlisting candidates, therefore, when the process of shortlisting of candidates is not fair, then the whole process is faulty.

On the other hand, it said the stance of the counsel for the respondent Vice Chancellor Dr Arshad Javed and law officer was that the appointment was just fair and in accordance with law.

Referring to section 12 of the KP Universities Act, 2012, they made submission that VC is to be appointed by the chancellor on the advice of the provincial government from a panel of three candidates by the Academic Search Committee and thus no illegality has been done in the appointment of Dr Arshad Javed as vice chancellor.

They said the respondent VC was unanimously recommended along with two other candidates by all Academic Search Committee, thereafter proper schedule of the interview.

They said that no proscribed procedure was prescribed in the KP Universities Act 2012 for short listing of candidates and the criteria mechanised by the Academic Search Committee for bringing transparency in the appointment process.

However, the court ruled that admittedly, the vice chancellor of any chartered university shall be appointed strictly in accordance with the provisions contained in section 12 of the KP Universities Act, 2012.

Interestingly, under the KP Universities Act, pro-vice chancellor would be an acting vice chancellor of the university till the appointment of permanent VC, but in this case the high court contrary to the law has declared that the removed VC would continue to act till appointment of the permanent VC.