The Chancellor (Governor Punjab) does not have the Authority to unilaterally prescribe criteria for Appointments of the Dean of University without Statutory Backing --- Lahore High Court, Lahore

Islamabad 27-09-2024: In a significant ruling, the Lahore High Court has declared the Governor Punjab’s 2008 circular, which introduced a multi-factor criteria for the appointment of Deans in public sector universities, as unlawful due to the lack of statutory backing. The judgment, delivered by Mr. Justice Abid Hussain Chattha, addresses three petitions challenging the legal validity of the circular and appointments made under its provisions at the University of Engineering & Technology (UET), Lahore, and the University of Punjab (PU), Lahore.

The case revolved around a circular dated 29th December 2008, issued by the Governor of Punjab in his capacity as Chancellor of public universities, which set out a multi-factor criteria for selecting Deans. The criteria included parameters such as length of service, research publications, academic performance, and administrative experience. Three petitions were filed, questioning the legality of this circular and the appointments made in accordance with it:

The Court ruled that while the Governor, as Chancellor, has the authority to propose guidelines for the appointment of Deans, any such proposal must be adopted into the statutory framework of the universities. The judgment emphasized that the University of Engineering & Technology Act, 1974 and the University of Punjab Act, 1973 contain clear statutory provisions for the appointment of Deans, and these provisions take precedence over any administrative directives such as the Governor’s circular.

The Court pointed to Section 2(2) of the UET Act, 1974, which stipulates that the Dean must be appointed from among the three senior-most professors in the faculty. The same criteria applied to PU, with both universities bound by their respective statutes.

Mr. Justice Abid Hussain Chattha noted that the circular had not been incorporated into the universities’ statutory frameworks and, as such, could not be enforced. The judgment affirmed that the Chancellor (Governor Punjab) does not have the authority to unilaterally prescribe criteria for Dean appointments without statutory backing.

The Court referred to several case laws during its analysis:

• Dr. Iqrar Ahmad Khan Vs. Dr. Muhammad Ashraf and others (2021 SCMR 1509)
• Dr. Akbar Anjum Vs. Bahauddin Zakariya University, etc. (2022 LHC 1824)
• Dr. Munir Khan Khattak Vs. Chancellor, The University of Agriculture, Khyber Pakhtunkhwa and 4 others (2017 PLC (C.S.) Note 10)

While the Iqrar Ahmad Khan case dealt with the appointment of Vice Chancellors, the Court distinguished it from the present case, which focused on the appointment of Deans. The Akbar Anjum case, though related to Dean appointments, did not address the legal validity of the Governor’s circular, making it less relevant.

The Court allowed [W.P. No. 27179 of 2023], declaring that the Governor’s circular had no legal standing and could not be applied to the appointment of Deans in any public sector university unless it is adopted into the relevant statutes, regulations, or rules of each institution.

Conversely, the Court dismissed [W.P. No. 11917 of 2023] and [W.P. No. 2455 of 2022], ruling that the appointments of the Deans at UET and PU were made in accordance with the existing statutory provisions, and there was no violation of law or merit in those appointments.

This ruling reinforces the principle that administrative directives must be rooted in statutory authority to be enforceable. The decision underscores the importance of transparency, merit, and legality in the appointment processes within public institutions, ensuring that any modifications to these processes follow due legislative procedures.

The judgment also serves as a reminder that the discretion of public authorities, including Governors, must be exercised within the boundaries set by law.

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