As I mentioned in one of my previous articles that more than 250 tertiary institutions exist in Pakistan which are categorized as public, private, and military universities. However, their Acts always create and cause conflicts & clashes during explanation/ clarification/description which becomes the main source of delays in the implementation. Amendments are very slow as they involve the federal/ provincial legislative bodies. Explanations and clarifications are generally sought from the department/ Ministry of Law during any ambiguities but are usually ignored by the authorities of the universities. However, the judgments of the courts provide a way forward to enable the institutions to run their institutional affairs smoothly, squeezing the ignorance due to their less awareness and propagation. Appointing/ assigning the duties of administrative work and especially the additional/ look after charge of the principal officers i.e. Registrar, Controller, Treasurer etc. are usually the authority of the Government, Governor or Syndicate but are exercised by the university administration without proper/prior permission and even information. One of the main confusion usually arises during the expiry of the four year duration of a regular Vice-Chancellor when he tries to get the same position temporarily. According to the Act of many universities, “The incumbent Vice Chancellor shall not be allowed any extension in his tenure but subject to eligibility he may again compete for the post of the Vice Chancellor in accordance with the procedure prescribed by or under this section.” The mentioned section causes a lot of litigation as well as delays in the appointment of the Vice Chancellor on a temporary basis/ additional charge basis. There must be a clear sentence that should represent the sense and essence of the order/decision under this mentioned section. Also, the word “extension” and “tenure” requires more explanation in the Act.
Similarly, in most of the Act of Universities, a Vice Chancellor may, in an emergency, take an action which is not otherwise in the competence of the Vice Chancellor but is in the competence of any other Authority. However, he/she shall, within specific days of taking such action submit a report of the action taken to the concern authorities (Syndicate/ Senate and to the members of the Syndicate/ Senate; and, the Syndicate/ Senate) shall, within a specific limit of such an action of the Vice-Chancellor, pass such orders as the concerned authority deems appropriate. Is there any need to explain either through Act or statutes about what is meant by “EMERGENCY”? When “EMERGENCY” exist and why is “EMERGENCY” required? What would be the consequences if the Vice Chancellor couldn’t able to report in time or the concerned authority fails to decide the matter (action taken) within the specified duration? There is also no definition/ clarification about the word “ REPORT” as to whether it means just a Cc to higher authorities about action taken or a working paper consisting of historical backgrounds, reasons, justifications etc. Can such powers be exercised only by the regular Vice-Chancellor or Pro-Vice Chancellor, Acting Vice-chancellor, Vice Chancellor on additional Charge? Action taken in emergency would be considered as duty or power?
There is a judgment from the honourable Lahore High Court in case No: W.P. No.81711/2017; “While functions encompass the “powers and duties” of the Vice Chancellor under section 15 of the Act. “Duties” are limited to obligations and responsibilities, without the exercise of power, under the Act. A person on temporary arrangement as a Vice Chancellor can only attend to day to day affairs and ensure that the provisions of this Act, the Statutes, the Regulations and the Rules are faithfully observed. He may preside over meetings of the Authorities of which he is a Chairman and is entitled to attend any other meeting of any other Authority of the University. His temporary role defines the extent of his limited duties. He cannot, however, exercise the powers envisaged under section 15(4) which can only be exercised by a Pro-Vice Chancellor or the Vice Chancellor himself, who are authorized to perform the functions of the post”. The Mentioned judgment clarifies between the “POWERS and DUTIES” of a Vice-Chancellor. In another Human Rights case No: 13865-P of 2018, the Honourable Supreme Court of Pakistan passed following orders, “We are mindful of the fact that public sector Universities cannot be left to operate without the appointment of a permanent Vice-Chancellor. Therefore as an interim measure till such time that the permanent Vice- Chancellors are appointed pursuant to recommendations submitted by the authorized Search Committees, acting Vice Chancellors will be appointed in the following manneri) ii) For King Edward Medical University as well as Nishtar Medical University, the existing Pro-Vice Chancellors will hold the posts of acting Vice Chancellors for running day to day affairs of the Universities till the appointment of permanent Vice Chancellors. This is in line with the respective statutes governing the two Medical Universities”.
In short, it would be an excellent step from the Government to appoint a high-level committee comprising senior academicians, administrators along with the representation from judiciary and HEC to look into the matter and produce a uniform/ clear/ speaking Act for the tertiary institutions of Pakistan to reduce litigations and avoid conflicts.
As I mentioned in one of my previous articles that more than 250 tertiary institutions exist in Pakistan which are categorized as public, private, and military universities. However, their Acts always create and cause conflicts & clashes during explanation/ clarification/description which becomes the main source of delays in the implementation. Amendments are very slow as they involve the federal/ provincial legislative bodies. Explanations and clarifications are generally sought from the department/ Ministry of Law during any ambiguities but are usually ignored by the authorities of the universities. However, the judgments of the courts provide a way forward to enable the institutions to run their institutional affairs smoothly, squeezing the ignorance due to their less awareness and propagation. Appointing/ assigning the duties of administrative work and especially the additional/ look after charge of the principal officers i.e. Registrar, Controller, Treasurer etc. are usually the authority of the Government, Governor or Syndicate but are exercised by the university administration without proper/prior permission and even information. One of the main confusion usually arises during the expiry of the four year duration of a regular Vice-Chancellor when he tries to get the same position temporarily. According to the Act of many universities, “The incumbent Vice Chancellor shall not be allowed any extension in his tenure but subject to eligibility he may again compete for the post of the Vice Chancellor in accordance with the procedure prescribed by or under this section.” The mentioned section causes a lot of litigation as well as delays in the appointment of the Vice Chancellor on a temporary basis/ additional charge basis. There must be a clear sentence that should represent the sense and essence of the order/decision under this mentioned section. Also, the word “extension” and “tenure” requires more explanation in the Act.
Similarly, in most of the Act of Universities, a Vice Chancellor may, in an emergency, take an action which is not otherwise in the competence of the Vice Chancellor but is in the competence of any other Authority. However, he/she shall, within specific days of taking such action submit a report of the action taken to the concern authorities (Syndicate/ Senate and to the members of the Syndicate/ Senate; and, the Syndicate/ Senate) shall, within a specific limit of such an action of the Vice-Chancellor, pass such orders as the concerned authority deems appropriate. Is there any need to explain either through Act or statutes about what is meant by “EMERGENCY”? When “EMERGENCY” exist and why is “EMERGENCY” required? What would be the consequences if the Vice Chancellor couldn’t able to report in time or the concerned authority fails to decide the matter (action taken) within the specified duration? There is also no definition/ clarification about the word “ REPORT” as to whether it means just a Cc to higher authorities about action taken or a working paper consisting of historical backgrounds, reasons, justifications etc. Can such powers be exercised only by the regular Vice-Chancellor or Pro-Vice Chancellor, Acting Vice-chancellor, Vice Chancellor on additional Charge? Action taken in emergency would be considered as duty or power?
There is a judgment from the honourable Lahore High Court in case No: W.P. No.81711/2017; “While functions encompass the “powers and duties” of the Vice Chancellor under section 15 of the Act. “Duties” are limited to obligations and responsibilities, without the exercise of power, under the Act. A person on temporary arrangement as a Vice Chancellor can only attend to day to day affairs and ensure that the provisions of this Act, the Statutes, the Regulations and the Rules are faithfully observed. He may preside over meetings of the Authorities of which he is a Chairman and is entitled to attend any other meeting of any other Authority of the University. His temporary role defines the extent of his limited duties. He cannot, however, exercise the powers envisaged under section 15(4) which can only be exercised by a Pro-Vice Chancellor or the Vice Chancellor himself, who are authorized to perform the functions of the post”. The Mentioned judgment clarifies between the “POWERS and DUTIES” of a Vice-Chancellor. In another Human Rights case No: 13865-P of 2018, the Honourable Supreme Court of Pakistan passed following orders, “We are mindful of the fact that public sector Universities cannot be left to operate without the appointment of a permanent Vice-Chancellor. Therefore as an interim measure till such time that the permanent Vice- Chancellors are appointed pursuant to recommendations submitted by the authorized Search Committees, acting Vice Chancellors will be appointed in the following manneri) ii) For King Edward Medical University as well as Nishtar Medical University, the existing Pro-Vice Chancellors will hold the posts of acting Vice Chancellors for running day to day affairs of the Universities till the appointment of permanent Vice Chancellors. This is in line with the respective statutes governing the two Medical Universities”.
In short, it would be an excellent step from the Government to appoint a high-level committee comprising senior academicians, administrators along with the representation from judiciary and HEC to look into the matter and produce a uniform/ clear/ speaking Act for the tertiary institutions of Pakistan to reduce litigations and avoid conflicts.
The author is a professor of Islamic Studies Ghazi University, Dera Ghazi Khan
