HEC stays for time being, thanks to SC -Pakistan Press Foundation (PPF)

Paksitan Press Foundtion

HEC stays for time being, thanks to SC

ISLAMABAD: The Supreme Court on Tuesday directed that the Higher Education Commission (HEC) shall continue discharging its functions and duties as it had been doing in the past unless and until a fresh legislation was promulgated.

A three-member bench of the apex court comprising Chief Justice Iftikhar Muhammad Chaudhry, Justice Muhammad Sair Ali and Justice Ghulam Rabbani also held that the notification of March 31, 2011 shall have no effect on the functioning of the HEC in view of the provisions of the Ordinance 2002 and in case of any conflict and inconsistency between the notification and the provisions of the ordinance, the ordinance shall prevail.

Anwar Mansoor Khan, Arshad Ali Chaudhry, AOR, with Prof Attaur Rehman, former minister, Senator Azam Khan Swati and Marvi Memon, MNA, appeared for the petitioners, while Maulvi Anwarul Haq, the Attorney General for Pakistan, appeared on court notice. Chief Justice Iftikhar said the HEC had maintained its standards, and huge problems would be created, if the commission was devolved.

In response to a notice issued earlier, the learned attorney general appeared and submitted that the status of the Higher Education Commission as it had been assigned to it under the Higher Education Commission Ordinance, 2002, with its functions covered by the constitutional provisions namely entries at Srl.Nos.16, and 17 of the Part-I and Srl.7, 11 and 12 of Part-II of the Federal Legislative List, shall remain intact unless the same was changed by promulgation of some legislation in this behalf. He submitted that the HEC shall continue discharging its functions and duties as it had been doing in the past unless and until a fresh legislation was promulgated. He further stated that the notification of March 31, 2011 shall have no effect on the functioning of the HEC in view of the provisions of the Ordinance, 2002 and in case of any conflict/inconsistency between the notification and the provisions of the ordinance, the rdinance shall prevail.

The court observed that CMAs for the interim relief stand disposed of after hearing the learned attorney general for Pakistan.
Source: The News
Date:4/13/2011