Karachi: The Sindh High Court on Friday restrained the Universities and Board secretary and others from finalising the appointment of the registrar, director finance and controller examinations of different public sector universities in the province till further orders.
The interim order came on a petition filed by Sohail Ahmed and others, who were the controller of examination, the registrar and the director finance of the Mehran University of Engineering and Technology, Jamshoro; the Quaid-e-Awam University of Science and Technology; the Shaheed Benazir Bhutto University, Nawabshah; and the NED University of Karachi. They challenged the impugned advertisement for the appointment of the registrar, director finance and controller of examination for the MUET, NED, SBBU and QAUST.
The petitioners’ counsel, Barrister Zamir Ghumro, submitted that his clients were validly appointed after a legal process at the posts, however, the Sindh government for mala fide reasons had floated an advertisement in various newspapers inviting applications for the appointments against the said positions of different universities, including MUET, NED, SBBU and QAUST although the same were positions were not lying vacant.
He submitted that the posts of registrar, director finance and controller examination happened to be permanent posts and were held by the petitioners on a permanent and regular basis. He said the posts never fell vacant and there were no analogous posts, consequently it was beyond understanding that in the presence of permanent and regular officers, how fresh advertisement could be published for making direct appointments.
He submitted that a fresh appointment against a permanent post could not be made unless the said post fell vacant, whereas the University and Board secretary had advertised the posts occupied by the petitioners on regular and permanent basis, which was tantamount to dismiss/remove/terminate the petitioners without any basis.
The counsel argued that the respondents had grossly misused powers conferred on them without any rationale in floating the advertisement for the said posts and without considering the laid down rules, which was a blatant misuse of authority and promoting nepotism and unnecessary political interference.
The counsel submitted that the impugned advertisement was against academic freedom and positions were not available to be filled and the same should be filled in by the universities concerned. The counsel said the impugned advertisement would amount to the termination of the petitioners. An SHC division bench headed by Justice Mohammad Ali Mazhar observed that the points of the petitioners required consideration and issued notices to the chief secretary, the principal secretary to Sindh governor, the Universities and Board secretary and others for June 4.
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