The Supreme Court on Wednesday disposed of the case regarding the appointment of vice-chancellors in Khyber Pakhtunkhwa’s 19 public universities after the KP government assured implementation of the Peshawar High Court’s (PHC) decision within 14 days.
A three-member bench headed by Justice Shahid Waheed heard the case. During the hearing, the KP government withdrew its appeal against the PHC ruling, leading the apex court to dispose of the case on these grounds, 24NewsHD TV Channel reported.
The issue had originated when several candidates for the vice-chancellors’ positions approached the PHC against delays in the appointment process. The High Court accepted their petition and directed the provincial government to complete the process.
However, the KP government had challenged the PHC decision in the Supreme Court. Notably, during yesterday's hearing, the Supreme Court had hinted at summoning the Chief Minister of Khyber Pakhtunkhwa in person.
Advocates Aamir Javed and Umer Gilani appeared on behalf of the VC candidates, while the Advocate General of Khyber Pakhtunkhwa represented the appellant government in court.
During Tuesday’s hearing, the Advocate General argued that the previous caretaker government had exceeded its mandate by initiating the appointments. However, Justice Mian Gul Hassan Aurangzeb rejected this argument, stating that caretaker governments are not entirely powerless and that appointing vice-chancellors is not a policy decision. He emphasised that the High Court had made the same observation, and the Supreme Court agrees with its reasoning.
Justice Aurangzeb further remarked that appointing members to a selection committee is not a political matter and thus falls within the caretaker government's powers.
Justice Musarrat Hilali inquired about the number of universities currently without permanent vice-chancellors. In response, the Advocate General revealed that since September 2022, the VC posts in 19 out of 24 public sector universities remain vacant, although pro-vice chancellors are currently acting in their place.
Justice Shahid Waheed expressed concern over the situation and questioned whether the Advocate General was even familiar with university laws, which place the vice-chancellor in a central role. He cautioned the official against misleading the court and accused the government of playing politics with the country’s education system.
Justice Shahid Waheed observed that it appeared the KP government had deliberately delayed the appointments and was now attempting to apply laws retroactively. He directed that the appointment process be resumed from the point at which it was halted.
Justice Waheed gave a stern choice to the Advocate General: either withdraw the appeal and implement the PHC’s decision or face the summoning of the Chief Minister in person.
The Advocate General then requested the court to grant a one-day grace period to consult the KP government, noting that Chief Minister Ali Amin Gandapur was currently in Islamabad.
The court accepted the request and adjourned the hearing until the next day. Ultimately, with the withdrawal of the appeal and assurance of compliance, the Supreme Court disposed of the case today.
Reporter: Amanat Gishkori