IN a much publicised lawful battle in between vice-chancellor of Gomal University Dera Ismail Khan and also Khyber Pakhtunkhwa federal government, a bench of Peshawar High Court recently provided an essential judgment declaring that the federal government had no powers under Khyber Pakhtunkhwa Universities Act, 2012 to choose concerning residential properties of an university.
The lawful fight had begun when Vice-chancellor Dr Iftikhar Ahmad was sent on required leave by the guv, in his capacity as chancellor of the Gomal University, via an order on April 22, 2021, for a period of 90 days.
The federal government was annoyed with the VC for his creating a letter to Prime Minister Imran Khan, explaining particular flaws in a decision taken by the provincial closet in its meeting on April 16 where it had actually ordered upgradation of Gomal University’s faculty of farming as full-fledged Farming College.
The VC had actually tested the order of the guv of sending him on forced leave and likewise the decision of the provincial government of upgradation of the faculty and moving land of the college determining 1,000-kanal to the Farming College, Dera Ismail Khan.
A bench of high court consisting of Justice Roohul Amin Khan and also Justice Syed M Attique Shah took care of the petition on September 22, while giving its findings on two crucial points: Whether the governor can send out a VC on forced leave and whether the provincial government could get transferring land of a college to any other educational institution.
In its 22-page comprehensive judgment, the bench ruled that it was in the domain of the governor to send a VC on forced leave on the guidance of the provincial federal government. The bench likewise ruled that the federal government had no powers to issue orders about moveable and unmovable properties of an university and also only the college’s syndicate was equipped to do so.
The court reserved all the needs and also proceedings concerning transfer as well as distribution of assets of Gomal College to the freshly developed Agriculture College by declaring it without eminent domain and also jurisdiction.
Nevertheless, the court observed that the government or the college division may come close to Gomal College’s organization for lending or moving of any residential or commercial property to the newly developed University of Agriculture, DI Khan.
At first, when the KP Colleges Act, 2012, was established in 2012, its section 12 provided that a VC should be assigned for an eco-friendly period of 4 years on conditions suggested by statute. A VC might have been eliminated by making a recommendation to an university’s senate stating the circumstances of inefficiency, moral turpitude or physical or mental incapacity or gross misbehavior.
Ultimately, modifications were made in the Act in 2015 supplying that a VC should be designated for a single period of three years on market base pay and also the tenure could be extended as soon as for an additional such term on the basis of performance assessment.
Modification was likewise made in arrangement related to elimination of a VC supplying that the chancellor can remove the VC on suggestion of the us senate; as well as can likewise eliminate him on his very own discernment in case of validated accusation of gross transgression, inadequacy, corruption, violation of budgetary stipulations or ethical baseness.
In the future, powers of the governor/chancellor for getting rid of a VC were increased by further changing the legislation in 2016 as well as it was given that the VC should hold office during the enjoyment of the chancellor offered that before eliminating a VC from his setting, the chancellor might give him opportunity of personal hearing.
Furthermore, the chancellor was likewise equipped to send a VC on forced leave for 90 days extendable when if the situations so required for factors to be videotaped.
The petitioner’s advise competed prior to the bench that his client served the university to finest of his ability, whereas, his only authentic argument over the decision of the provincial cupboard as well as bringing the matter right into the notification of the chief executive of the nation was made a ground for initiation of process versus him.
The bench gone over thoroughly the powers of the chancellor as offered in the Act and also ruled that the governor/chancellor was vested with the power to send the petitioner on forced leave for performing fair, neutral as well as clear query.
“The impugned order is neither prohibited neither without lawful authority neither is without reason, consequently, needs no disturbance by this court,” the bench ruled.
Gomal College DI Khan was established in 1974 as well as around 11,000-kanal land was donated for it by a notable, Allah Nawaz Khan.
The court observed that under section 3( 5) of the Act, the college needs to be qualified to acquire and hold residential property and also to rent, sell or otherwise move any type of residential or commercial property.
The bench explained that the syndicate of the university, under section 23 of the Act, will be the exec body of the college and also shall, based on the provision of the Act as well as the laws, workout basic guidance over the affairs as well as management of the college.
“According to area 23(b) of the Act of 2012, the syndicate shall have the powers to move as well as accept transfer of movable as well as stationary building in support of the college,” the bench observed.
It was further ruled that under systems of things supplied in the Act, the cupboard, chief minister or any kind of committee of the federal government had no nexus with the building of Gomal College.
“Interference of the government in the affairs of the colleges will certainly not just breach the mandate of the autonomy assured in the law passed by the federal government yet will additionally harm the top quality of education being granted in the university,” the court ruled, including that in today instance the residential or commercial property under the ownership, control as well as ownership of the Gomal College was unilaterally purchased to be transferred by the board made up for distribution of properties between the Gomal College as well as newly established Agriculture College DI Khan.