Fact finding paper on H.E.

C issue by Insaf Students Federation (ISF)

Classic red-tape coup at HEC

A report on the recent issue of Higher Education Commission by INSAF STUDENTS FEDERATION, Research and Planning Dept. ISLAMABAD

1 Produced by: Research and Planning Department, ISF Islamabad

Fact finding paper on H.E.C issue by Insaf Students Federation (ISF)

Objective:
The objective of this report is to highlight the recent issue of the Government intervention in Higher Education Commission (HEC) by appointing a Retired Major from Army and currently serving as a bureaucrat in the Ministry of Education and Training, as the Executive Director of HEC. This appointment is illegal and clear violation of the Supreme Court judgment. Moreover, no consultation with HEC was done in this regard.

Introduction to HEC:
The Higher Education Commission (HEC), formerly known as the University Grants Commission, is the primary regulator of higher education. In Pakistan, up till 2002, Universities were recognized by the University Grants Commission (UGC) which draws its powers from The University Grants Commission Act, 1974 (Annexure-A). The Act was repealed in 2002 by the Higher Education Commission Ordinance, 2002 (Annexure-B ) and since then, Higher Education Commission of Pakistan (HEC) is responsible for higher education policy, quality assurance, degree recognition, development of new institutions and uplift of existing institutions in Pakistan. It also facilitated the development of higher educational system in Pakistan. Its main purpose was to upgrade universities in Pakistan to be centers of education, research and development.

Executive Director:
Chapter Two, Clause (11) (2) of HEC ordinance 2002 (Annexure-B) says: The Executive Director shall be the head of Secretariat. The Secretariat shall act as the executive wing of the commission and shall be responsible for implementation of all the orders, decisions, directives and policy of the commission.

Sequence of whole story:

As we all are aware of the fact that the battle between HEC and Govt. started when earlier in 2011 the government tried to devolve HEC claiming it to be the implementation of 18 th amendment in the constitution. However, as HEC is responsible for the attestation of degrees, therefore students, Universities officials and civil society opposed this decision as they were of the view that this is an attempt to conceal the reality of fake degree issue of parliamentarians. Ultimately, in response to petitions of Dr. Atta Ur Rehman and Mr. Azam Swati, Supreme Court of Pakistan Issued an order on 13 April 2011 (Annexure-C) which stated that:

2 Produced by: Research and Planning Department, ISF Islamabad

Fact finding paper on H.E.C issue by Insaf Students Federation (ISF)

Excerpts of the Supreme Court Order: (13.04.2011)

In response to notice dated 11.04.2011, learned Attorney General appeared and made the following statement: i. The Status of Higher Education Commission as it has been assigned to it under Higher Education Commission Ordinance, 2002 with its functions covered by the Constitutional Provisions namely entries at Sr. Nos. 16 and 17 of the Part I and Sr. 7, 11 and 12 of Part II of the Federal Legislative list, shall remain intact unless the same is changed by promulgation of some legislation in this behalf; ii. The HEC shall continue discharging its functions and duties as it had been doing in the past unless and unless a fresh legislation is promulgated. iii. That the notification dated 31st March, 2011 shall have no effect on the functioning of the HEC in view of the provisions of Ordinance 2002, and in case of any conflict / in-consistency between the notification and the provisions of the Ordinance, the Ordinance shall prevail.

Later on, almost in the mid of 2012; HECs autonomous status was revoked and it was brought under the control of the Ministry of Professional and Technical Training in June 2012 but the Honorable Sindh High Court suspended on 18.07.2012 the Notification dated 08.06.2012 whereby the HEC was placed under the auspices of Ministry of Professional and Technical Training and finally the issue of appointment of Executive Director took place. Announcement for vacancy of Executive Director:

On the completion of Prof. Dr. Sohail H. Naqvis tenure as Executive Director, the Higher Education commission advertised the vacancy for this post in the newspapers on 29th July 2012. (Annexure-D )

3 Produced by: Research and Planning Department, ISF Islamabad

Fact finding paper on H.E.C issue by Insaf Students Federation (ISF)

Ban on Appointments:

Letter of Prime Minister Secretariat: 28th August 2012. The very next day of the Commissions meeting, the Prime Minister Secretariat in a letter; claimed that HEC does not have the authority to appoint Executive Director and this authority rests with the office of the Prime Minister. They stated that:

4 Produced by: Research and Planning Department, ISF Islamabad

Fact finding paper on H.E.C issue by Insaf Students Federation (ISF)

Letter of HEC to PM secretariat 3rd September 2012. In response to the letter of Prime Minister Secretariat, HEC stated that according to the section (12)(1) of HEC ordinance 2002 (Annexure-B1), it has the right to appoint/recruit human resources. Moreover under HEC Employees (Recruitment Rules 2009) Notified in the Gazzete of Pakistan vide S.R.O # 822(1)/2009 there is no restriction on extending the tenure of the office of Executive Director.

Notification of Dr Sohail H. Naqvi: On 7 September 2012 HEC issued the notification (Annexure-E) of extending the tenure of Dr. Sohail H. Naqvi as Executive Director.
t

Aitzaz Ahsans Legal opinion

17th September 2012. In response to Chairperson HEC s request for legal opinion, renown Barrister Mr. Aitzaz Ahsan validated the stance of HEC.(Annexure-F). He stated that:

5 Produced by: Research and Planning Department, ISF Islamabad

Fact finding paper on H.E.C issue by Insaf Students Federation (ISF)

Establishment Divisions Letter to HEC: 24th October, 2012. The Establishment Division issued a letter (Annexure G) in which they declared all the appointment made by HEC on MP scale as illegal as Prime Ministers approval is mandatory in their opinion. Special Meeting of Commission: 8th November 2012. A special meeting of the HEC Commission on this issue was conducted and the HEC Commission supported the stance of HEC on this issue.

Chairperson HECs Letter to the Prime Minister:

08th November 2012. HEC Chairman i.e. Dr. Javaid R. Laghari wrote a letter to the Prime Minister explaining his position. (Annexure H) Letter of HEC to explain its Position (21st November 2012) (Annexure I):

Appointment Order by Prime Minister 26th November 2012. Prime minister orders Secretary Education and Training, Retd. Major Mr. Qamar Zaman to take the additional charge of Executive Director of HEC. (Annexure J).

6 Produced by: Research and Planning Department, ISF Islamabad

Fact finding paper on H.E.C issue by Insaf Students Federation (ISF)

Establishment Divison orders for additional charge of Executive Director:

28th November 2012. Establishment Division issued the notification according to the Prime Ministers Directives (Annexure K). . Transfers of Officers

November 29th 2012. Soon after taking charge, Qamar Zaman Chaudhary issued transfer orders of key posts i.e. moving the DG (HRM) to DG (HRD) position while the mischief monger DG (R&D) to DG (HRM) so that the officers serving in the MP scales could be taught a lesson while the officers and staff on contract were not confirmed who were close to being confirmed by the Khurshid Shah Committee. Postings & Transfers are done at HEC by an Assistant Director. This shows
the malafide intentions of the parties involved.

(Annexure L). Cancelation of Qamar Zamans order

03rd December 2012. Following the opinion of Barrister Aitzaz Ahsan, Chairman HEC orders the cancelation of Qamar Zamans Decisions therefore declaring them null and void. (Annexure M) By force entry into the DG (HRM)s room:

DG (R&D) Dr. Mazhar (PhD in Water & Sanitation) broke open the door of the DG (HRM)s room i.e. Mr. Awais Ahmed on 6.12.2012 and forcibly took over the charge.

Protest by the Insaf Students Federation

Insaf Students Federation arranged a peaceful protest at the Islamabad Press Club on Thursday 6.12.2012 at 1:00 p.m. By 1:30 pm, some 400+ students, civil society and faculty members had gathered. They were carrying placards, Pakistani flags and banners with the slogan Save HEC Save Pakistan. Around 1:45 p.m. they started marching towards the Parliament house and stopped at the corner office of Ufone where they were barricaded by the ISB Capital police. No untoward incident was allowed to happen since luckily they were all educated people. Firey speeches were given by Mr. Wahaj Us Siraj (CEO- Nayatel Communications), a Professor from University of Gujrat, Student leader of COMSATS University and finally Farrukh Habib, President of Insaf Students Federation gave the final push through his speech & stole the show.

7 Produced by: Research and Planning Department, ISF Islamabad

Fact finding paper on H.E.C issue by Insaf Students Federation (ISF)

By force entry into the Media Managers Room:

While this report was being finalized on 7.12.2012, it was learnt that the room of Mr. Murtaza Noor (Media Manager) who works for the HRD Division, has been broken into; ransacked and has been occupied by the Rankers of UGC.

8 Produced by: Research and Planning Department, ISF Islamabad

Annexure-A

Annexure B1

Annexur-C

Annexure E

Annexure F

Annexure G

Annexure H

Annexure I

Annexure J

Annexure K

Annexure L

Annexure M