Appointments of Deans in Public Sector Universities
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The Lahore High Court examined the legal status of a circular issued by the Governor of Punjab in his capacity as Chancellor, which prescribed a multi-factor criteria for the appointment of Deans in Public Sector Universities (PSUs) in Punjab (2024 LHC 4000). The Court concluded that the circular lacked statutory backing and could not be enforced unless formally incorporated into the relevant statutes, regulations, or rules of the universities involved.
Background:
These consolidated petitions arose from the challenges to appointments made under the criteria outlined in the Governor’s circular dated 29.12.2008. The circular proposed a merit-based, multi-factor system for appointing Deans in PSUs, including the University of Engineering & Technology (UET) and the University of the Punjab (PU). Petitioners sought the invalidation of appointments made under the circular, claiming it lacked statutory support. In contrast, respondents maintained that the Governor, as Chancellor, had the authority to issue such a directive.
Key Issues:
Legal Status of the Governor’s Circular: The central issue was whether the Governor, in his capacity as Chancellor, could unilaterally prescribe a criterion for appointing Deans, bypassing the statutory mechanisms of UET and PU.
Statutory Framework Governing Appointment of Deans: The Court had to determine whether the appointments of Deans under the statutory frameworks of UET and PU were lawfully made, given that the proposed criteria in the circular had not been incorporated into the relevant statutes or regulations of these institutions.
Applicability of Precedents: The Court was also asked to consider whether earlier decisions, such as Dr. Iqrar Ahmad Khan vs. Dr. Muhammad Ashraf and Dr. Akbar Anjum vs. Bahauddin Zakariya University, were relevant to the legal questions at hand.
Court's Analysis:
Lack of Statutory Backing for Circular: The Court held that the circular issued by the Governor had no legal basis unless it was adopted into the relevant statutes, regulations, or rules of UET and PU. The statutory frameworks of both universities, as established by the University of Engineering & Technology Act, 1974 and the University of the Punjab Act, 1973, respectively, contained specific provisions for appointing Deans that did not empower the Governor to arbitrarily impose additional criteria without statutory endorsement.
Statutory Framework for Appointing Deans: For UET, Section 2(2) of the First Statutes under the UET Act, 1974 empowered the Chancellor to appoint Deans from among the three senior-most professors in the Faculty. The Court emphasized that the discretion of the Chancellor was confined to this pool of candidates. Similarly, the PU Act, 1973 followed an identical framework, rendering the appointments made in accordance with the statutory criteria lawful.
Non-Binding Nature of the Circular: The Court concluded that while the Governor’s circular could serve as a guideline, it had no binding legal effect unless formally adopted through proper legislative procedures. The circular could not override the existing legal provisions governing the appointments, and the appointments made by the Chancellor, therefore, stood validated.
Precedents Not Directly Applicable: The Court distinguished earlier cases cited by the petitioners. The Iqrar Ahmad Khan case dealt with the appointment of Vice Chancellors and had no bearing on the current case. Likewise, the Dr. Akbar Anjum case was found not to address the legal status of the Governor’s circular and was therefore irrelevant to the decision.
Subsequent Developments: The Court noted that the Governor had issued a letter on 15.07.2024, instructing PSUs to consider formally incorporating the criteria into their statutes and regulations. This reinforced the position that without such formal adoption, the circular could not have any legal effect on the appointments.
Court's Conclusion: The Lahore High Court ruled that the Governor’s circular had no legal force unless incorporated into the relevant statutory frameworks of the PSUs. Consequently W.P. No. 27179 of 2023 was allowed, declaring the circular void and inapplicable to the appointments of Deans in any PSU unless incorporated by law.
The impugned appointments of Deans at UET and PU were upheld as valid and lawful, being made in accordance with the applicable statutory criteria. The Governor’s circular, lacking statutory backing, was declared inapplicable unless adopted into law by the respective universities.
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