Vice-Chancellor's Authority and Fact-Finding Committee

In W.P. No. 4160/2024, Millat Law College and others challenged the authority of the Vice-Chancellor of The Islamia University of Bahawalpur to constitute a Fact-Finding Committee. The primary legal issue was whether the Vice-Chancellor possessed the authority to form such a committee or if this power exclusively rested with the authorities specified under Section 29 of The Islamia University of Bahawalpur Act, 1975.

Key Issues:

Authority of the Vice-Chancellor: Whether the Vice-Chancellor had the power to constitute a Fact-Finding Committee under Section 15 of the Act, 1975.

Jurisdiction of the Syndicate: Whether the Syndicate's validation of the Vice-Chancellor’s authority to form the committee was appropriate.

Scope and Application of Section 29: Whether Section 29, which grants authority to appoint committees, applied to the Vice-Chancellor.

Legal Framework and Relevant Case Law: Section 15 of The Islamia University of Bahawalpur Act, 1975 defines the powers and duties of the Vice-Chancellor, including administrative control and ensuring compliance with the university's regulations. Section 29 of The Act, 1975 grants the Senate, Syndicate, Academic Council, and other authorities the power to appoint committees. The court referenced the case of Pakistan Bar Council through Chairman and others vs. Federal Government through Establishment Division and others (2019 SCMR 389) and Vice-Chancellor Agriculture University Peshawar and others V. Muhammad Shafiq (2024 SCMR 527).

Court’s Analysis:

Vice-Chancellor’s Authority: The court found that Section 15(1) of the Act, 1975, empowered the Vice-Chancellor as the principal executive officer to ensure the faithful observance of laws and administrative control over university affairs. This included the authority to constitute a Fact-Finding Committee in response to discrepancies in registration returns for the LLB 3-year program.

Syndicate’s Jurisdiction: The Syndicate, in its 85th meeting, validated the Vice-Chancellor’s authority under Section 15, affirming that it did not overstep its jurisdiction. The court upheld this validation, noting that the Syndicate’s decision was reasonable and within its scope.

Application of Section 29: The court clarified that Section 29 did not undermine the Vice-Chancellor's authority as outlined in Section 15. It emphasized that each authority's powers under Section 29 were specific to their statutory duties and did not override the Vice-Chancellor’s administrative functions.

Conclusion: The Lahore High Court dismissed the petitions, affirming the Vice-Chancellor’s authority to constitute the Fact-Finding Committee under Section 15(1) of The Islamia University of Bahawalpur Act, 1975. The court found no illegality in the Syndicate's decision to validate the Vice-Chancellor's actions and ruled that Section 29 did not apply to this case in a way that restricted the Vice-Chancellor's powers.

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