LAHORE, Feb 27: The Lahore High Court on Monday declared the re-appointment of University of Health Sciences Vice-Chancellor Prof Dr Malik Husain Mubbashar unlawful and directed the Punjab government to appoint a new VC after observing due process of law.

At least four more vice chancellors who are on second tenure at the public sector universities are in the dock as the court has observed that after expiry of a four-year term a person cannot hold the office even for one day.

The petition filed by Muhammad Sajjad Husain through advocate Nasir Mahmood Qureshi had challenged the re-appointment of Prof Mubbashar.

A division bench comprising Justice Chaudhry Shahid Saeed and Justice Abdul Waheed Khan announced the decision.

The court observed: “The appointment on contract basis is never commendable as such appointee being not a civil servant is always governed in accordance with the terms and conditions of his appointment and cannot be deemed capable enough to effectively command and maintain discipline in the institution.

The re-employment definitely blocks the way of others irrespective of the fact whether they are serving in that department/organisation or not but interested to be appointed against the post of re-appointee. In this view of the matter the respondent (Prof Mubbashar) after expiry of term of four years could not be allowed to remain in office any further.”

“Under a relevant provision of law and it shall be considered that a person once appointed for a term of four years is not entitled to keep on holding that particular office even one day after expiry of his term.” Prof Mubbashar held the office for about nine years.

The court further noted: “Another aspect of the matter is that there is already shortage of employment and millions of people in this country are jobless and political interference in recruitment of employees in government departments is no more secret. In such circumstances, if the persons who are appointed against lucrative posts will not retire and hold the same permanently, how the new generation will come forward and prove its abilities.”

It said none in the world was ‘inevitable’ and there was none in the world without whom, the world could not go ahead.

The court observed that the post of King Edward Medical University VC was advertised twice in 2005 and 2009 but the meeting of the Search Committee could not be convened due to various representations made by the applicants and the varsity was fully functional and being run by a pro-vice chancellor duly appointed by the chancellor in accordance with the law.

“The writ petitions in hand are allowed and the appointment of the respondent (Prof Mubbashar) as UHS VC is declared unlawful. The Punjab government is directed to appoint a VC of the UHS after observing due process of law as early as practicable”.

University of Engineering and Technology Vice-Chancellor Lt-Gen Muhammad Akram (retired) is on his fourth term, Punjab University VC Prof Mujahid Kamran, University of Gujrat VC Prof Muhammad Nizamuddin and Prof Akram Chaudhry of University of Sargodha are on second terms.