HYDERABAD: A constitutional division bench of the Sindh High Court’s Hyderabad circuit on Tuesday issued notices to the secretary of the Universities and Boards Department, vice chancellor and registrar of the Sindh University, chairmen of the Higher Education Commission and Sindh Higher Education Commission, as well as 34 faculty members who held administrative positions in the varsity.

Comprising Justice Yousuf Ali Sayeed and Justice Khadim Hussain Soomro, the bench established after the passage of the 26th Amendment was seized with a petition filed by two Sindh University officials, Syed Sajjad Hussain Shah and Ali Ahmed Talpur Bagrani, through advocate Ayaz Tunio.

The petitioners submitted that they and many of their colleagues had not been granted due promotions for over a decade as per their seniority mainly because the administrative posts were occupied by faculty members / PhD holders (who have been cited as respondents in the petition).

They said that another aspect of the matter was that the illegally posted faculty members and PhD holders were causing losses to the government by getting dual / additional allowance and other facilities.

SHC moved against 34 faculty members holding administrative posts in SU

The petitioners stated that clear directives were issued in the CP-59/2017 that “no PhD shall be appointed on administrative posts” whereas the May 2, 2024 order passed in CP-569/23 said that “administrative cadre officer shall be appointed on administrative positions”. They informed the bench that the said order was implemented by the registrar of the Shah Abdul Latif University, Khairpur, thus relieving faculty members from their administrative posts.

They added that April 5, 2021 notification issued by the registrar in compliance with the March 16,2021 order passed whereby all additional charges allowed to faculty members were cancelled/withdrawn with immediate effect but such notification was not yet implemented. They said that all public and private universities had implemented/obeyed the July 11, 2024 order passed by the Supreme Court in CP 7/2024 and the Universities and Boards Department issued order dated Sept 16,2024.

They said that the Sindh High Court Sukkur bench allowed a petition on the question of administrative posts being held by teaching staff. They disclosed that in compliance with that judgement dated May 2,2024 the registrar of Shah Abdul Latif University Khairpur issued an order on Oct 25, 2024, relieving officer/officials of additional/ look-after charges and other cadre or on other temporary roles from those assignments.

They maintained that the additional chief secretary in compliance with the March 16, 2021 order of the Sindh High Court passed in CP 4434/2020 and CP 5842/2020 issued March 31, 2021 notification whereby own pay and scale, additional charges, look-after charges under the administrative control of the Universities and Boards Department were withdrawn.

They said the SU registrar issued the April 5, 2021 notification under which faculty members who were holding own pay and scale, additional / look-after charges were directed to report their respective departments against actual positions. They said the court passed the order on Sept 26,2017 in the famous SU student Naila Rind case directing that the VC shall ensure no PhD shall be appointed on administrative posts.

They observed the SU Code 2013 clearly defined administrative posts and the code lacked provision to appoint any faculty member on an administrative post. They said that around 250 teaching assistants were taking classes instead of faculty members who were actually appointed for Rs40,000 per month to facilitate faculty members/ PhD holders.

They prayed the court to direct the respondents to remove respondent from No-7 to 40 (faculty members/ PhD holders) posted on administrative positions in violation of the Supreme Court order. They said the court should direct the respondent officers that additional charges, assigned work charge, administrative charges, experience of faculty members might not be counted for the post of the VC and pro-VC on administrative posts.

They said the respondents should be restrained from taking any adverse/ coercive action against the petitioners as they had raised voice against favouritism and nepotism. They urged the court to direct the vice chancellor to constitute a selection board for promotions of all general cadre and ex-cadre officers from BS-17 and above as per seniority from due date.

Published in Dawn, December 5th, 2024