PESHAWAR: The Peshawar High Court has declared the de-notification of a member of the Kohat University of Science and Technology’s syndicate illegal and ordered his immediate restoration.

A bench consisting of Justice Ijaz Anwar and Justice Shakeel Ahmad accepted a petition of assistant professor in the Department of Pharmacy, Kohat University of Science and Technology (Kust), Dr Farmanullah, against the registrar’s July 4, 2023, notification to withdraw his syndicate membership.

The petitioner was elected a syndicate member on May 11, 2022, for three years under the Kust Election to the University Authorities Statutes, 2016.

The notification issued by the registrar in his capacity as the election authority declared that majority of the assistant professors were of the opinion that Dr Farmanullah had failed to “portray the real representation in a very prestigious statutory body (syndicate) of the university.”

Orders immediate restoration of Dr Farmanullah

It added that using their constitutional right, those assistant professors moved a vote of no confidence against Dr Farman and withdrew their support to him for the membership of the syndicate.

Advocate Akhundzada Ahmad Saeed appeared for the petitioner and contended that the impugned notification was the outcome of a mala fide action as his client had raised voice for the rule of law in the university.

He argued that the university’s management had invited applications for appointments to different posts, a move questioned by the petitioner and his colleagues in the high court through another petition.

The lawyer added that after hearing the parties the high court had referred the matter to the university’s chancellor for decision in accordance with law through an order on June 7, 2023.

He argued that his client was victimised for pointing out alleged illegalities and opposing arbitrary decisions of the management.

The counsel appearing for the university contended that the petitioner had alternate remedy by filing an appeal before the chancellor of the university.

The bench observed that the record transpired that the petitioner had filed an appeal before the chancellor but despite lapse of considerable time, it could not be decided.

The bench pointed out that it had asked the counsel for respondents to show under which relevant provision of law a member of the syndicate could be de-notified from his membership merely on the allegations that he failed to portray the real representation in a prestigious statutory body.

It added that the lawyer was asked to point out any statutory provision under which voters could move a motion of no confidence but he failed to do so and just read out Section 25 of the Kust Elections Statutes.

The bench ruled that after going through those statutes, it was of the view that the election tribunal constituted under Section 25 was empowered to hear and adjudicate upon the election petition relating to election disputes.

It added that the section had no nexus with the removal of an elected member of the syndicate from his membership in the manner the petitioner was removed.

The bench observed that all citizens of the country, irrespective of their colour, social status, caste and creed, under Article 4 of the Constitution had an inalienable right to the protection of law and to be treated in accordance with the law and that their right could not be snatched in derogation of the law applicable to them.

Published in Dawn, October 8th, 2023