SHC restrains Dr Asim from making SHEC appointments

The Sindh High Court (SHC) has restrained the Sindh Higher Education Commission (SHEC) chairman, Dr Asim Hussain, from appointing any person in the commission and directed him to maintain status quo.

The interim restraining order came during the hearing on Wednesday of a petition of Roshan Ali Buriro who had challenged the recommendation for appointing Dr Hussain as the SHEC head for a third term.

A counsel for the petitioner submitted that despite the issuance of a status quo order with regard to a recommendation made by the universities and boards department for the third-time appointment of Dr Hussain as the SHEC chairman, the Sindh chief minister had allowed him to continue as the SHEC chairman till a regular appointment was made on the subject position.

The counsel submitted that the respondent SHEC chairman had appointed many persons without public notice in the SHEC in violation of the law. A division bench of the high court comprising Justice Aftab Ahmed Gorar and Justice Adnanul Karim Memon observed that if this was the position of the case, the SHEC chairman should be restrained from appointing any person.

The bench directed Dr Hussain to maintain status quo. The high court made it clear that if the SHEC head was reluctant to comply with the orders of the court, the appointments made by him shall be declared as null and void and contempt of court proceedings shall be initiated against him as well as the delinquent officials.

In the meantime, the SHC directed a provincial law officer to file comments on behalf of the SHEC, Sindh universities and boards secretary and others by March 15. The petitioner had submitted that Dr Hussain was appointed as the SHEC chairman in 2014 and re-appointed after four years despite the fact that he was facing a mega corruption case pertaining to charges of misuse of authority and embezzlement that caused losses of over Rs462 billion to the national exchequer.

Buriro said Dr Hussain’s second term expired on January 28, 2022, and as per the SHEC Act, the chairperson and members “shall hold office for a period of four years and shall in no case be eligible for reappointment for more than one similar term.”

The petitioner said the respondent was continuing the public office illegally despite completing two terms, and that he had caused severe damage to higher education in the province. The controlling authority had not only abused his authority but also lost trust of the populace by allowing the respondent to continue holding the SHEC office, he remarked.

Buriro also questioned Dr Hussain’s performance and alleged that he not only abused his authority to benefit his family members, but in sheer disregard for conflict of interest, he also benefited the institutes of higher learning that he owned.

The petitioner claimed that the respondent was recommended for appointment as the SHEC chief for a third time, and a summary to this effect was pending before the chief minister. He submitted that the reappointment of the respondent would be a violation of the SHEC Act.