Daily Times

The Federal Government has challenged decision of Islamabad High Court (IHC) in the Supreme Court of Pakistan regarding restoration of Chairman of the Higher Education Commission (HEC) Dr Tariq Banuri to his post.

A well informed source at the Ministry of Federal Education and Professional Training told Daily Times on the condition of anonymity that the Federation has approached the Superior Court against said IHC’s verdict and it got maintainability of the case by the Superior Court on Wednesday.

Dr Banuri had been removed from the post in March 2021 under newly proposed amendments of presidential ordinance. However, the IHC restored Dr Banuri as the HEC chairperson on January 18 this year.

The source in the Federal Education Ministry said that after consideration of the facts of the case, it has been decided to file and conduct CPLA, adding that Aamir Rehman, Additional Attorney General, Islamabad, was nominated to represent the Federation of Pakistan before the Supreme Court.

Dr Banuri was appointed as the HEC chairperson in 2018 on a four-year term and was supposed to retire in May this year. In March 2021, Prime Minister Imran Khan formed a Cabinet Committee for disposal of Legislative Cases (CCLC) which proposed an amendment to the HEC ordinance 2002 through a presidential ordinance that reduced the Chairperson’s tenure from four years to two years. Subsequently, Dr Banuri had been removed from the post last year. But after the lapse of almost one year the IHC has restored him to his post.

Dr Banuri resumed office the very next day after the IHC’s Judgment. Since then a brawl-like situation has been created between the Federal Education Ministry and HEC’s chief. The Federal Education Ministry, through separate letters, asked several queries to HEC including some serious questions on the appointment process of Executive Director (ED) HEC.

The post of the HEC’s regular ED, who is a principal accounting officer, had fallen vacant in October 2018 after resignation of Dr Arshad Ali from the post. It could not be filled despite four-time advertisement by HEC to seek suitable candidates against this post. On January 31, the Federal Education Ministry raised objections, through a letter, over the inclusion of two new members in the board by Dr Banuri. The Ministry urged HEC to withdraw these members.

“The chairperson cannot overrule an already approved expert nomination by the commission,” the letter read, terming the notification “unlawful”.

In another letter, the Ministry stated that HEC had not raised objections. On the other hand, as per an available letter, Dr Banuri refused to withdraw the notifications for the inclusion of the two new members on the board.

Not only this, he also said that the attempt by the Ministry to interfere in internal matters of the HEC, in the form of instruction or direction, was unwarranted, unacceptable and illegal. While talking to Daily Times, Dr Banuri claimed that notwithstanding its attempt to interfere, the Ministry of education acknowledges that one of the two independent members has to be appointed by him (as chairman).

He stated that the Ministry should be asked about such unlawful practices.

“They have taken issue with the second of the two independent members, namely the Rector/ VC, on the ground that the recruitment rules make no specific reference to it. This is false information. The Commission had established a selection board as per provided composition, and the Chairman had always nominated the two experts based on relevance of expertise and convenience,” Dr Banuri wrote in the letter which added this in the absence of the Chairman in late 2021, somehow a selection board had been constituted, in which both independent experts were from the same institution. “In fact, both are close to Attaur Rahman,” reads the letter.

Dr Banuri also categorically denied entertaining the request of education regarding withdrawal of the letter regarding meeting of the Selection Board scheduled on today (February 3, 2022), as he said, termed the request as a “frivolous” and “malafide” request. The HEC’s chief also alleged that his concerns on the “so-called knowledge economy” project under Dr Attaur Rahman, which required a funding of Rs 30 billion, did not suit the government.

Dr Rahman is former Chairperson HEC and currently heading Prime Minister’s Task Force on Science and Technology. Despite repeated attempts, Dr Rehman did not respond to clarify his position regarding serious allegations leveled by Dr Banuri.

When contacted Additional Secretary Federal Education Ministry Mohyudin Ahmed Wani said the Ministry of government has no personal grievance with Dr Banuri.

“We asked HEC all legal points which it didn’t respond appropriately,” he said, adding that the allegations regarding “illegal interference of the ministry ” were baseless. When asked about the Ministry’s strategy regarding overall rifts between two institutions as it may damage their repute, Wani responded “we are reviewing all options under supervision of Secretary Naheed S Durrani to make some logical practice in order to maintain the sanctity of institutions as well as enhance their performance.”

The HEC has responsibility to release funds to over 200 public sector universities across the country. The commission also looks after other qualitative and quantitative affairs of public and private universities and Degree Awarding Institutes in the country. While the government releases funds through the Federal Education Ministry.

The education experts believe that the prevailing cold-war between both institutions may not only jeopardize institutional repute but also cause an increase in issues of universities that have been monitored by the HEC.