Daily Times

Just a few weeks after his restoration to the position by the Islamabad High Court (IHC), the government on Tuesday striped down all powers of Higher Education Commission (HEC) Chairman Dr Tariq Banuri.

The move came after the Secretary Naheed Durrani of the Ministry of Federal Education and Professional Training, who is also a member of the HEC board of governors, issued a resolution, which was supported by a majority of members, to transfer Dr Banuri’s powers as Chairman to the commission’s Executive Director (ED).

While talking to Daily Times, Education Minister Shafqat Mahmood confirmed the development, saying that Dr Banuri misused his powers which resulted in discontentment among the board’s members.

“To use power is not wrong but to misuse it is, and almost all members expressed their concerns over this and the ministry took the decision accordingly,” he claimed.

On the other hand, Dr Banuri hinted that the government took such an initiative as some elements of government have been scared from accountability.

Without mentioning the name of any individual or institution, he said “some people are so scared of accountability that they will go to any lengths, including destroying the whole system, in order to protect their empires. We (HEC) will respond to this after consultations,” he claimed.

He further said he had seen the “so-called resolution circulated among the Commission”, adding that “prima facie, it appears to be a case of contempt of court, and should have been avoided”.

“Such moves will distract the HEC from working towards its real goal of excellence in higher education, promotion of the welfare of students, and ensuring accountability and transparency,” he added.

The MFEPT Secretary issued a resolution on February 7, seeking transfer of the powers retained by Dr Banuri to HEC Executive Director Shaista Sohail until the matter was sub judice.

“The powers shall be delegated to Executive Director Shaista Suhail to ensure transparency, promotion of consultative process, smooth and efficacious execution and implementation of all the orders, decisions, directives, and policies of the Commission according to the true spirit of the Commission as provided in the Ordinance,” the resolution reads.

It also demanded that the HEC Executive Director be allowed to continue as the chairperson of the commission until the appointment of the new head.

The resolution further proposed that the selection board constituted by the HEC chairperson, through a Jan 27 notification, be declared void for being contrary to HEC rules. “The process carried out by the Selection Board be declared illegal because of not having the quorum,” it added.

The resolution was circulated among the 21-member board of governors of the HEC for approval and was endorsed by at least 14 members, thus prompting its provisions to take effect immediately.

The resolution means that while Dr Banuri will remain the HEC chairperson until any court order, he will have no authority to make administrative decisions.

Last week, the federal Government challenged the decision of IHC in the Supreme Court of Pakistan regarding the restoration of HEC chief to his post.

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.

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).