LEGAL
The Peshawar High Court (PHC) has granted the Khyber Pakhtunkhwa (KPK) government 10 days to comply with its previous order to appoint vice chancellors (VCs) for 19 public sector universities across the province. The court emphasized that its earlier judgment, issued on August 22, was still valid and must be implemented immediately.
The bench, consisting of Justice Syed Mohammad Attique Shah and Justice Sahibzada Asadullah, pointed out that these universities were facing serious challenges due to the absence of VCs, with several struggling financially, unable to pay employees’ salaries.
The orders came during a hearing of a contempt petition filed by Dr. Aurangzeb Khan, a professor at the University of Science and Technology in Bannu, and four other senior academicians. The petitioners had accused the provincial government of defying the high court’s August judgment by reinitiating the process for appointing VCs. They also challenged the cabinet's decision on July 12 regarding the reconstitution of the Academic Search Committee (ASC) for these appointments. The petitioners sought the court’s intervention to strike down the cabinet’s decision and the subsequent July 27 advertisement for VC appointments.
On August 22, the court ruled in favor of the petitioners, declaring the re-advertising process for VC positions in KPK universities invalid. It directed the provincial government to place the recommendations made by the ASC before the Chief Minister for approval, in accordance with the KP Universities Act, 2012.
Senior lawyer Aamir Javed, representing the petitioners, argued that the provincial government had ignored the court’s orders for over three months, continuing to defy the ruling.
During the hearing, the Additional Advocate General (AAG) informed the court that the provincial government had moved a summary for implementing the court's orders but had also filed an appeal with the Supreme Court. This raised questions about the government's commitment to complying with the PHC ruling.
Justice Asadullah expressed concern about whether the government intended to defy the high court’s order, pointing out that the government had simultaneously filed an appeal with the Supreme Court.
The bench adjourned briefly and summoned the Secretary of the Higher Education Department, who, along with Advocate General Shah Faisal Uthmankhel, appeared before the court. Uthmankhel explained that the KPK cabinet had initially decided to re-advertise the VC appointments, but this decision had been overturned by the PHC.
He further stated that the recommendations from the ASC would be sent to the Chief Minister for approval, and once approved, the list would be forwarded to the Chancellor. The Advocate General also mentioned that prior to the last general elections, the caretaker chief minister had signed the summary but had not sent it to the Chancellor. The government had also filed an appeal with the Supreme Court, Uthmankhel added.
Justice Attique Shah emphasized that unless the Supreme Court issued a stay order, the high court’s judgment was still in force and should be implemented. The bench then inquired how much time the government required to implement the ruling. While the Advocate General requested 14 days, the court determined that 14 days was too long given that 19 universities were still without VCs. Consequently, the bench directed the government to complete the appointments within the next 10 days.
This ruling underscores the urgency of resolving the leadership vacancies at KPK’s public universities, where the absence of VCs has caused significant disruption and financial instability. The KPK government now faces the challenge of complying with the court’s timeline or facing further legal consequences.