LAHORE: The Lahore High Court (LHC) on Tuesday held that the Higher Education Commission (HEC) does not have the power to deal with the service matters of the faculty or employees of chartered universities in Pakistan.
Justice Jawad Hassan was hearing a petition by a private university challenging an HEC order that allegedly issued certain directions about its affairs.
Advocate Muhammad Ali Siddiqui, on behalf of the petitioner, said it was a chartered university set up under the Times University Multan Act, 2020, and its employment matters were governed by the Employees Service Regulations, 2022.
He argued that Section 10 of the Higher Education Commission Ordinance, 2002 gives HEC the role of evaluating, improving and promoting higher education and research through policies and guiding principles. Nothing in it, he said, lets the commission interfere in the internal administration or employment matters of a chartered university.
The counsel explained that the HEC had passed the impugned order in compliance with a court’s directions in a writ petition. He argued that court directions cannot give the commission a jurisdiction the law does not grant it.
Justice Hassan suspended the impugned HEC order, observing that the university’s argument that the commission exceeded its jurisdiction ‘appears to carry considerable weight’.
The judge admitted the petition for regular hearing and issued notices to the respondents for Dec 10.
The judge directed the law officer to seek instructions and ensure that the respondents file a report and parawise comments within four weeks.
He also ordered a senior HEC officer familiar with the facts to appear on the next date and explain the commission’s position.
-Staff Reporter