ISLAMABAD, Dec 8: A recent petition filed with the Supreme Court by the federal government for the removal of the chairman Nadra has disappointed some officers in the Higher Education Commission (HEC).

On December 3, the Islamabad High Court (LHC) cancelled a notification issued by the federal government to suspend the Nadra chairman, Tariq Malik.

The government in its petition submitted to the Supreme Court on December 5, however, maintained that heads of the institutions cannot be appointed without a competitive process.

It said the Nadra chief had been appointed during the previous government without even advertising the post.

The government`s stance may put an end to the expectations of many officers in the HEC that the head of the commission can be appointed without a competitive process.

It may be noted that after the expiry of the contract of Dr Javaid R. Laghari on August 26, the seat of HEC chairperson remained vacant. On November 8, Engineer Syed Imtiaz Hussain Gilani was given the acting charge of the HEC.

An officer in the commission requesting not to be identified told Dawn that there was an impression that after the retirement of Chief Justice Iftikhar Mohammad Chaudhry, the government would appoint Mr Gilani as the fulltime chairman.

`The developments in the last a few days have, however, changed the minds of the officers in the HEC. In the Nadra chairman case, the government has saidMr Tariq was appointed without a competitive process and even the post was not advertised,` he said.

`If the Nadra chairman`s appointment is declared against rules, it will become impossible for the government to appoint the chairperson HEC without following the competitive process,` he said.

Moreover, President Awami Muslim League (AML) Sheikh Rashid Ahmad on Saturday challenged the appointment of Pakistan Baitul Maal (PBM) director general Abid Waheed Sheikh in the Supreme Court.

Sheikh Rashid has taken the stance that the PBM chief was appointed without advertising the post and following the competitive process.

Another officer of the HEC added that the Supreme Court in its ruling in June 2013 had directed the newly-elected government to constitute a commission for ensuring merit in all future public appointments, including heads of statutory, autonomous and semi-autonomous bodies as well as regulatory authorities to ensure merit.

`HEC is also an autonomous and sole public sector regulatory authority in the higher education sector. Its head should also be appointed through a competitive process.

A three-member bench of the apex court, led by Justice Nasirul Mulk, while hearing a case filed by colleges on Wednesday expressed displeasure over the appointment of the acting chairman HEC. The bench remarked: `This is a regular post and neither any ad hoc appointment can be made against this post noran acting chairman can be appointed.

The academic circles and vice chancellors have also expressed reservations over the non-initiation of a process for the appointment of a permanent chairman HEC.

The vice chancellor of a leading public sector university said he had discussed the issue with other vice chancellors and all of them were of the view that a person of international repute holding a PhD degree should be appointed as the permanent head of HEC through a transparent process.

Former Chairperson HEC Dr Attaur Rahman while talking to Dawn said the law regarding the appointment of the HEC chief was very clear.

`According to the law, only an eminent educationist with research publications can be appointed as head of the HEC and the appointment should be made through open merit,` he said.

`A search committee should be formed for the appointment of the new chairperson and after competitive process, three names should be sent to the prime minister for the final approval, he said.

When contacted, Executive Director HEC Dr Mukhtar Ahmed said after the retirement of Dr Laghari they had informed the ministry of education and the prime minister office about the vacancy.

`According to rules, Mr Gilani can continue working as the acting head for three months. As far as the competitive process is concerned, it has to be started in collaboration with the ministry and the PM office,` he said.