LAHORE: The Lahore High Court has set aside a 2008 circular issued by the Punjab governor in his capacity as chancellor prescribing a multi-factor criteria for the appointment of the professors as deans in the public sector universities.

Justice Abid Hussain Chattha issued a detailed order on petitions filed by Prof Dr Shazia Arshad and others challenging the governor’s circular. The petitions also assailed the appointments of the deans of the faculties of electrical engineering in the University of Engineering & Technology, Lahore and the Punjab University.

The common question before the court was the legal status of the impugned circular in the light of relevant statutes of UET and PU.

The impugned circular issued by the governor states that existing ordinances/acts and statutes of the public sector universities in the province do not provide any specific criteria for the appointment of deans of the faculties by the chancellor, which at times causes difficulty in selecting the most suitable candidates. Therefore, in order to make the process for appointment for selection of a dean transparent and merit-based, the governor’s secretariat evolved a multi-factor criterion.

Justice Chattha observed that there is no power vested under the relevant statutes of the UET and the PU with the governor in his capacity as chancellor to arbitrarily or unilaterally prescribe a criteria for the appointment of deans unless the criteria as proposed is incorporated in the statutes or regulations or rules of the universities in accordance with the provisions of their respective laws.

The judge noted that any discretion vested in any authority by law can be further regulated and structured through delegated legislation within the ambit of applicable enactment as was proposed by the governor through the circular.

However, he maintained, no vested legal right can be asserted on its basis unless the said criteria is adopted in the relevant statutes, regulations or rules of any public sector universities.

“No lawful mandate can be extended to any functionary to prescribe criteria in his own wisdom in a manner not ordained by law,” the judge added.

The judge said this fact was later realised by the governor himself which is reflected in a letter issued on July 15, 2024, wherein, instructions have now been issued to all the public sector universities to consider inclusion of the proposed criteria in their relevant statutes by amending the same in accordance with law.

The judge noted that while appointing the deans, the governor followed the applicable statutory criteria and disregarded the proposed mechanism in the impugned circular since it did not have the force of law.

Justice Chattha ruled that the impugned appointment of the deans of the faculties at the UET and the PU was made, accordingly, and as such, there is no substance in the challenge brought to the court.

The judge declared that the impugned circular having no legal backing is not applicable to the appointment of deans in any public university unless any such criteria is adopted by each university in accordance with law.

Published in Dawn, October 1st, 2024