ISLAMABAD – The Supreme Court on Tuesday allowed the Higher Education Commission (HEC) to continue discharging its functions and duties as it had been doing in the past until a fresh legislation was promulgated. The three-member bench – comprising Chief Justice Iftikhar Muhammad Chaudhry, Justice Muhammad Sair Ali and Justice Ghulam Rabbani – also held that the notification of March 31, 2011 will have no effect on the functioning of the HEC in view of the provisions of the Higher Education Commission Ordinance 2002 and in case of any conflict, inconsistency between the notification and the provisions of the ordinance, the Ordinance will prevail.
Appearing on notice, Attorney General Moulvi Anwarul Haq submitted a statement before the court which said the status of the HEC assigned to it under the Higher Education Commission Ordinance, 2002 with its functions covered by the constitutional provisions namely entries at Srl Nos 16, and 17 of the Part-I and Srl Nos 7, 11 and 12 of Part-II of the federal legislative list, will remain intact unless was changed by promulgation of some legislation in this behalf. It said the HEC will continue discharging its functions and duties as it had been doing in the past unless and until a fresh legislation was promulgated.
After hearing the Attorney General, the court observed that Civil Miscellaneous Appeals (CMAs) filed by the petitioners for the interim relief (stay on notification for devolution of HEC) stood disposed of.
Senior advocate Anwar Mansoor Khan appeared for the petitioners Prof Attaur Rehman, former minister Azam Khan Swati, and MNA Marvi Memon. Senior advocate Khalid Anwar, appeared voluntarily, while Abdul Jalil, IPC Division joint secretary appeared for the respondent (HEC).
The petition against devolution of the HEC to the provinces making the federal government, through the ministries of Law and Education, the Inter-Provincial Coordination Division and the HEC, respondent was filed by Advocate Anwar Mansoor Khan on behalf of Professor GA Miana and Brig Muhammad Ajaeb. A separate application was also moved by former HEC chairman Prof Attaur Rehman requesting the court to take a suo motu notice of the matter to “save” the higher education sector in the country. Later Swati and Marvi also challenged the HEC devolution.
