chronology of the hec enmeshment

7/30/2019 Chronology of the HEC Enmeshment

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The Chronology ofthe HEC

Enmeshment!

30th November 2012

Shaikh Muhammed Ali


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The Chronology of the HEC Enmeshment!

1. Since Aug 28, 2012 there has been extensive correspondence between the HEC and theEstablishment Division as well as the PM Secretariat on the authority of the Commission to appoint

the Executive Director as well as all other employees, including those on MP Scales. In each case the

comprehensive legal position, decision of the Supreme Court as well as clear and unequivocal

decision of the Commission has been conveyed.

2. As per the HEC Act, Section 11. Secretariat of Commission. (1) The Commission shall appoint anExecutive Director in the manner prescribed who shall unless earlier removed on any of the grounds

specified in sub-section(6) of section 6, shall hold office for four years and shall be responsible for the

various activities of the Commission.

3. In spite of this absolutely clear wording of the law, the Chairman, HEC today i.e. 29.11.2012 receiveda notification from the Establishment Division stating that:

Maj (Retd.) Qamar Zaman, a BS-22 officer of Secretariat Group, previously posted as Secretary,

Education and Trainings Division is allowed to hold additional Charge of the post of Executive

Director, Higher Education Commission, with immediate effect and until further orders.

4. Earlier, upon receipt of a letter from the Prime Ministers Secretariat asking the Commission to putthe process of appointment of the Executive Director on hold, the Chairman HEC obtained legal

opinion from Barrister Aitzaz Ahsan which concluded that:

It is therefore recommended that the Commission respond to the letter in question by informing

the Principal Secretary to the Prime Minister as follows:

a. The process of appointment of Dr. Naqvi is now complete and hence cannot be put onhold.

b. The letter of the Prime Minister will be treated by the Commission as a request toreconsider the decision to extend the term of Dr. Naqvi. However, in the meantime, Dr.

Naqvi will continue in office.

c. Given that Dr. Naqvi has already taken up charge of his new term, the Commission lackslocus poenitentiae and cannot recall its earlier decision to extend his tenure.

5. Subsequently, on October 24th the HEC Chairman had received a letter from the EstablishmentDivision written in response to a reference received by them from the PM secretariat. In this letter

the Establishment Division declared all appointment on MP Scales by the Commission as illegal. It

was also noted that, the appointing authority in case of MP scales will be the Prime Minister

6. The letter received from the Establishment Division (Ref. U.O.No.1/112/2002-E-6, dated October24

th, 2012) was placed in a special meeting of the Commission called to review the issue referred to

in the letter, in its entirety. All communication on the issue received from the office of the Principal

Secretary to the Prime Minister, as well as the Establishment Division, along with history of MP Scale

appointments at the HEC and all other pertinent material was placed before the Commission. Legal

Opinion received from Barrister Aitzaz Ahsan was also brought to the attention of the Commission.


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7. Following detailed discussion in the Special Commission meeting, the Commission noted that:a. The Commission is fully empowered under the HEC Act [Section 12. Recruitment of officers,

etc.] to appoint officers, servants and advisors in the HEC.

b. The Commission is also empowered to make rules for recruitment of its employees[Section 12 (2)].

c. All appointments to the HEC, including those on MP Scales, are made by the Commissionsince its inception and notified to all offices of the Government. Thereafter, for the past

decade, using the same process, the Commission has continued to appoint all officers who

have fully interacted, within their legal ambit, with all offices of the Government of Pakistan

without hindrance.

d. The Commission noted with concern that the Establishment Division has deemed it fit todeclare the actions of the Commission as illegal. The Commission does not find this

declaration to be acceptable as the Commission has, at all times, acted within the ambit of

the HEC Act. The Commission is of the view that all appointments to the HEC are within the

domain of the HEC as an autonomous body.

8. In view of the above, the Commission recorded its decision in the following terms:Decision: Following reconsideration of the matter, the Commission decided that the decisions

taken in its 27th meeting were taken in accordance with the HEC Act. The Commission also

decided that appointment of HEC employees, including those on MP scales, lie within the

purview of the Commission.

9. It may also be noted that the Supreme Court in its Order given on hearing Constitution Petitions33 35/2011, Prof. G. A. Miana vs the Federation of Pakistan and others had declared on April 13,

2011 that:

a. The HEC shall continue discharging its functions and duties as it had been doing in the pastunless and until a fresh legislation is promulgated.

b. That the notification dated 31st March, 2011 shall have no effect on the function of the HECin view of the provisions of the Ordinance, 2002 and in case of any conflict /in-consistency

between the notification and the provisions of the Ordinance, the Ordinance shall prevail.

10. It is clear that the Commission has final jurisdiction on the matter of appointment of officers ofthe HEC on MP Scales. The Secretariat of the Commission is bound to implement this decision of

the Commission. The Commission is, therefore, not in a position to implement the order

communicated via the notification of paragraph 3.

11.An urgent request has been made for a meeting of the Commission with the Prime Minister. It ishoped that a meeting will be held at the earliest to resolve the matter.

And ultimately sanity with prevail!

chronology of the hec enmeshment

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