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Petitioner: All Public Universities BPS Teachers Association (APUBTA) through its President VS Respondent: The Federation of Pakistan through Secretary Federal Education and Professional Training, Islamabad and others
Court Name: Supreme Court of Pakistan Judge(s):Shahid Bilal Hassan, Irfan Saadat Khan, Naeem Akhtar Afghan, Qazi Faez
Isa (C.J) Title:All Public Universities BPS Teachers Association (APUBTA) through its President vs The Federation of Pakistan through Secretary Federal Education and Professional Training, Islamabad and others Case No.: Constitution Petition No. 7 of 2024 Date of Judgment:2024-10-24 Reported As: 2024 SCP 177, 2024 SCP 366, 2025 SCMR 322 Result: Order Accordingly Judgment ORDER 1. Notices were issued on 1 April 2024 to the respondents who were called upon to submit their comments with regard to the public sector universities within their respective jurisdiction, including identifying the public sector universities in which the position of Vice-Chancellor and other tenure based positions are lying vacant and/or the same are held on acting charge basis. It was further ordered that the comments should also disclose the statutory requirements regarding the periodic holding of meetings stipulated in their respective laws and whether the universities are compliant therewith. 2. Federation: The learned Additional Attorney-General for Pakistan seeks time to file comments on behalf of the Federation of Pakistan. Forty-five days was more than sufficient time to have filed comments. Mr. Abdul Sattar Khokhar, Senior Joint Secretary of the Ministry of Federal Education and Professional Training, is in attendance and states that since they had not received information from three universities, the comments were not filed. This is hardly a justifiable reason for not complying with the order of this Court. If the complete information was not available the remaining information could have been filed. In any case the information which was sought about public sector universities should have been available with the Ministry. If they do not have keep such information they should start to do so now to ensure that the universities are compliant with the laws governing them. The matter is serious and involves the violation of laws by public sector universities; yet it is not taken with the seriousness it deserves. Mr. Khokhar also informed us that
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some universities are not governed by the Ministry of Education, but by other ministries. The Federal Government is directed to also provide the same information about such universities too. 3. Balochistan: The learned Additional Advocate-General, Balochistan referred to CMA No. 2144/2024 which he states are the comments filed in response to the Court queries. The comments attach a list showing that there are 11 public sector universities in the Province and in 5 of them Vice-Chancellors are functioning on acting charge basis. With regard to 2 universities, reference is made to orders of the Balochistan High Court but the same have not been attached; in any event, the comments do not state that the Balochistan High Court had restrained the appointment of Vice- Chancellors. The comments that have been filed do not disclose the statutory requirements of holding of meetings nor whether the universities are compliant therewith. 4. Khyber Pakhtunkhwa: The learned Additional Advocate-General, Khyber Pakhtunkhwa, states that there are 34 public sector universities in the Province and 19 of them are functioning under acting Vice-Chancellors. He states that search committees had selected eligible candidates for appointment as Vice- Chancellors, but they have not been appointed yet. Therefore, we asked him to refer to the said recommendations and he said that such information has not been filed as it is required to be kept secret, which surprises us and raises the question why people of the Province are not entitled to know this. Public sector universities are paid by taxpayers, who are entitled to know where and how their monies are spent. Freedom of information is also now enshrined as a Fundamental Right in Article 19A of the Constitution. The learned AAG states that the manner of selection and appointment of Vice-Chancellors, Pro Vice-Chancellors and Deans of Faculties is provided for in the Khyber Pakhtunkhwa Universities Act, 2012 and submits that all such vacant positions will be filled in accordance therewith. We expect the said vacant positions to be filled-in as soon as practicable. The learned AAG has also referred to some orders passed by courts restraining appointments from being made, and that the orders did not given any reason for the interim injunction. Since the law requires that these positions should not remain vacant, therefore, we expect that if such matters are agitated before courts and that the same shall be decided expeditiously. 5. Punjab: The learned Additional Advocate-General, Punjab states that the government of the Punjab has filed CMA No. 438/2024 stating that there are 34 public sector universities in the Province and in 25 the positions of Vice-Chancellors are lying vacant. He further states that the process of appointments was initiated during the period when there was a caretaker government, when writ petitions were filed and judges of the High Court, by placing reliance upon section 230 of the Elections Act, 2017, had restrained appointments to be made during the subsistence of the caretaker government, and that against such orders intra court appeals were filed, which have now become infructuous, as elections have been held. This raises the question whether section 230 of the Elections Act, 2017 prevails over the law governing universities requiring that the appointments be made, and whether appointment of Vice-Chancellors and others selected by search committees, are those actions that cannot be undertaken are valid questions. However, elections have since been held and the learned AAG states that the process for making appointments is underway and it is expected to be completed within a period of two months. The comments filed also state that the positions of the Registrars are also lying vacant. The information regarding Heads of Department and Deans of Faculties is not mentioned. 6. Sindh: The Additional Advocate-General, Sindh states that the Education Department of Sindh has not filed comments, but the same have been filed by the Sindh Higher Education Commission. The comments of the Commission state that there are 27 public sector universities in the Province out of which in 7 the positions of Vice-Chancellors are vacant. However, it is sated that the process for appointment has commenced and shall be completed within a reasonable time.
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7. The posts of Vice-Chancellors, Pro Vice-Chancellors, Rectors, Presidents, Vice-Presidents, Registrars, Heads of Faculties and Departments, Controller of Examination, Director Finance which are mentioned in the applicable laws, wherever lying vacant, should be filled-in as soon as practicable and this be done in accordance with the applicable law. 8. Mr. Nazeer Hussain, Director-General Coordination, Higher Education Commission is in attendance and states that the Higher Education Commission has issued standards prescribing that non-academic staff in universities should not exceed faculty by more than one and a half times; however, nearly all public sector universities are in violation the same and non-academic staff continues to be increased. Public sector universities financial viability is being eroded because of excessive non-academic staff. The respondents are directed to submit information regarding the number of non-academic staff and faculty, the ratio thereof and if the university is not compliant with the standards issued by the Higher Education Commission the reason for such non compliance. The public sector universities should also disclose the amount that they generate themselves through fees, etc., and to what extent they are dependent on funds from the public exchequer. Comprehensive reports to be submitted within one month under the signatures of Federal and Provincial Secretaries of the relevant Ministries/Departments. And, a senior representative from each, who is well conversant with facts should be in attendance on the next date of hearing.
JUDGMENT Dated: 24-10-2024 Qazi Faez Isa, CJ. The petitioner is the All Public Universities BPS Teachers Association ('Association'), a registered charity, representing about fifty thousand teachers working in public sector universities. The Association filed this petition to ensure that the applicable federal laws, provincial laws and the statutes of public sector universities are complied with. Out of the 147 public sector universities it was stated that 60 are functioning without Vice-Chancellors, and the tenured positions of Registrars, Directors-General, Deans, Chairpersons of Departments, Controllers of Examinations and Treasurers/Directors of Finance lie vacant in most universities or are held on acting-charge basis. Another grievance aired by the Association is that the decision making bodies of the public sector universities, that is, their board of trustees, board of governors, syndicates, senates and academic councils do not meet periodically and/or compliance is not made in holding the minimum prescribed number of meetings as stipulated in their respective laws. Resultantly, the public sector universities are run and all decisions are being taken by paid employees, who have assumed control. Consequently, there is no supervision and accountability which, the Association stated, was also a serious violation of the applicable laws. The Association, it was submitted, is concerned with the under-performance of these universities, and resultantly students do not reach their potential. The learned Mr. Umer Ijaz Gilani, representing the Association, submitted that the universities are supposed to have academic freedom, research capabilities, and should operate in an environment in which education thrives, but the same is seriously undermined when applicable laws are violated by making temporary appointments on tenured positions and not holding the mandatory meetings of the governing bodies of the universities. Consequently, outside interference in universities increases to their detriment. A number of other issues of public importance were also raised. Pakistan ('the Constitution'), whereunder this petition is filed. The issues which have been raised are of public importance affecting the interest of all those attending these universities. The people's taxes help run public sector universities, therefore, they expect that they be run in accordance with applicable laws and efficiently, and their taxes do not go to waste. The other pre- condition in clause (3) of Article 184 is that the petition must seek the enforcement of any of the Fundamental Rights. This requirement is also met. Article 25 of the Constitution mandates that
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citizens are entitled to equal treatment and to equal protection of the law, but if compliance is not made with the laws governing public sector universities, the citizens' Fundamental Rights are violated. Article 25A of the Constitution requires that children upto the age of 16 years must be educated, which demonstrates the importance the Constitution attaches to education. This Court in Aamir Raza Ashfaq v Minhaj Ahmed Khan (2012 SCMR 6) had held that the position of a Vice- Chancellor of a university must not be left vacant, and if appointment to this position is delayed it adversely affects the functioning of the university, which attracts Article 9 of the Constitution - right to life - as life has been construed to include all of life's attendant benefits, including that of education provided by the law. Article 4 of the Constitution stipulates that citizens have an inalienable right to be treated in accordance with the law, but if public sector universities, funded by the taxpayers do not operate in accordance with laws governing them, then citizens are not being treated in accordance with the law. 3. The Principles of Policy in the Constitution are not self-executory (clause (1) of Article 30), however, this does not render them meaningless. These Principles represent what the nation aspires to. Their compliance is 'dependent upon resources being available for the purpose' (clause (2) of Article 29). Clauses (c) and (f) of Article 37 are the aspirational guiding lights with regard to technical, agricultural, professional, higher education and industrial training, and are reproduced hereunder: '37. The State shall' '(c) make technical and professional education generally available and higher education equally accessible to all on the basis of merit;' '(f) enable the people of different areas, through education, training, agricultural and industrial development and other methods, to participate fully in all forms of national activities, including employment in the service of Pakistan;' 4. Notices were issued to the respondents and they were directed to submit their comments with regard to the public sector universities within their respective jurisdictions. They were also required to disclose those public sector universities in which the positions of Vice-Chancellors and the abovementioned tenured positions were vacant or were held on acting charge basis, and if so since when. The legal requirement of the periodic holding of statutorily prescribed meetings, and whether the public universities were compliant therewith was also sought. 5. It emerged that neither in the Federation nor in any Province the laws were being complied with. Therefore, it was ordered (on 15 May 2024), that: 'The posts of Vice-Chancellors, Pro Vice-Chancellors, Rectors, Presidents, Vice-Presidents, Registrars, Heads of Faculties and Departments, Controller of Examination, Director Finance which are mentioned in the applicable laws, wherever lying vacant, should be filled-in as soon as practicable and this be done in accordance with the applicable law.' 6. The Higher Education Commission ('HEC') had filed a concise statement (CMA No. 9960 of 2024) which brought on record startling facts. The concise statement (CMA No. 9930 of 2024) filed by the Ministry of Education and Professional Training, Government of Pakistan ('the Federal Ministry of Education') provided the requisite information about the twelve universities which were under its domain. 7. While tenured and academic positions in public sector universities were kept vacant, it transpired that there was excess employment of non-academic staff in most universities. The HEC has prescribed a ratio that the non-academic staff to academic staff should not be more than one and a half times, therefore, for instance if the academic staff numbers one hundred the non- academic staff should not be more than one hundred and fifty. Unfortunately, nearly all public sector universities are not compliant with the ratio prescribed by the HEC. The continuous increase in the non-academic staff has been for no good reason. And non-compliance with the said HEC
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prescribed ratio adversely affected the financial viability of public sector universities, rendering some of them financially unsustainable. 8. From the information provided by the HEC and the Federal Ministry of Education very serious transgressions committed by some Federal public sector universities were brought to Court's attention. The salient information about the said twelve Federal universities is mentioned hereunder. 9. The National Fertilizer Institute of Engineering and Technology, Multan. This University was established under the National Fertilizer Institute of Engineering and Technology Act, 2012. Mr. Akhtar Ali Malik was appointed as its Vice-Chancellor, however, after his four year term of office had expired the University's Senate had extended it till his replacement was found but not later than two years, that is, till 2018. But he is still holding the position of Vice-Chancellor for the last over six years, and till date. Mr. Akhtar Ali Malik responded by referring to the documents filed by him (CMA No. 9900 of 2024), but the same do not support his holding on to the position of Vice- Chancellor after 2018, and he is continuing in the position of Vice-Chancellor illegally. In addressing the Court he was inarticulate, contradictory and made some surprising statements which made us question whether he was an eminent academic as per the requirement that the Vice-Chancellor must be as stipulated in sub-section (1) of section 11 of the National Fertilizer Institute of Engineering and Technology Act, 2012. 10. Mr. Akhtar Ali Malik informed us that his salary was about six hundred thousand rupees, but added that he does not occupy the official residence of the Vice-Chancellor, which he has declared to be a 'VVIP Rest House'. He did not explain his misguided benevolence with the property of the University. Therefore, we can only assume that he did this to cultivate his personal connections. The University is funded by the fees of its students and by the public exchequer and its property cannot be divested or diverted for any purpose other than that of the University. We also deprecate the usage of the acronyms VIP or VVIP and of referring to someone to be a very important person or very very important person. It was expected that in a place of learning the shackles of obsequiousness and mental enslavement would not exist, but Mr. Akhtar Ali Malik proudly wore them as a badge of honour. Moreover, Islamic polities rest on the principle of equality, to which the VIP or the VVIP culture is an anathema. 11. The Federal Ministry of Education and the HEC pointed out that Mr. Akhtar Ali Malik is illegally holding on to the position of Vice-Chancellor, but ironically demonstrated their helplessness, and could not even stop the salary which he was illegally taking since 2018. A sad reflection on the prevalent state of affairs. Mr. Akhtar Ali Malik has no legal authority (after 2018) to retain the position of Vice-Chancellor, therefore, the National Fertilizer Institute of Engineering and Technology is directed to stop all payments to him; and may consider recovering what he had paid to himself after completing his tenure in 2018. Since the University is without a Vice-Chancellor, the Federal Ministry of Education and the HEC are directed to ensure that a Vice-Chancellor is appointed in accordance with the applicable law and rules as soon as possible to ensure that the functioning of the University is not disrupted. Till the appointment of the Vice-Chancellor, the Federal Ministry of Education and the HEC shall designate an appropriate person to attend to the Vice-Chanellor's responsibilities. Needless to state that anything done, orders passed and appointments made by Mr. Akhtar Ali Malik after this petition was filed will be of no legal effect, and his earlier decisions will be subject to review by the University's Senate or Syndicate, as the case may be. 12. The Federal Urdu University of Arts, Sciences and Technology. This University was established under the Federal Urdu University of Arts, Sciences and Technology, Islamabad Ordinance, 2002. The University has filed a concise statement (CMA No. 9931/2024) which states that the Vice- Chancellor of the University has been appointed in March 2024. The Vice-Chancellor stated that an advertisement was placed in 2019 soliciting applications for different tenured posts and pursuant
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thereto some applications were received, however, no one was selected as the selection process was left incomplete. He stated that the University faces a dilemma, which is whether to re- advertise the said positions or only consider those who had earlier applied. The Secretary, Federal Ministry of Education, the representative of the HEC and the learned Additional Attorney-General for Pakistan ('AAG') stated that those who had applied pursuant to the earlier advertisement, provided they are still eligible, may also be considered together with those who may now apply pursuant to the fresh advertisement. Their suggestion is reasonable. Therefore, let the said posts be advertised again and those who are found eligible together with those who had previously applied and are eligible may be considered, and the much delayed appointments be made at the earliest. 13. The National College of Arts. This University was established under the National College of Arts Institute Act, 2021. The tenured positions which had remained vacant for a number of years were advertised on 25 August 2024 (after this Court took notice) and the process of appointments, we are informed, will be finalized soon. In view of the stated assurance no further order from this Court is required. 14. The National Skills University. This University is governed by the National Skills University Islamabad Act, 2018. The Secretary, Federal Ministry of Education and the learned AAG stated that the position of the Vice-Chancellor and other vacant positions have been advertised and the process for selection is ongoing and they expect the same to be completed soon and the requisite appointments will be made. In view of the stated assurance, no further order is required to be passed. 15. The Allama Iqbal Open University. This University is governed by the Allama Iqbal Open University Act, 1974. We were informed that the position of the Dean Faculty of Arabic and Islamic Studies had fallen vacant on 20 May 2024 but this position and other tenured positions have been filled-in. 16. The Quaid-i-Azam University. This University is governed by the Quaid-i-Azam University Act, 1973. The Federal Ministry of Education submitted that on 26 August 2024 its Registrar was appointed on permanent basis and the summary for the appointment of Treasurer, which was lying vacant since 6 September 2017, was submitted to the Prime Minister on 30 August 2024 whose approval is awaited. We expect the needful to be done, if not already done, at the earliest. The vacant position of the Controller of Examinations was stated to be held on acting charge basis, however, the University has advertised the position and pursuant thereto the appointment will be made. 17. It was noted that the University's ratio of academic to non-academic staff was 1:4.73, which exceeds the ratio prescribed by the HEC. The explanation offered for exceeding the prescribed ratio was that it has a large campus which is not enclosed by a boundary wall which had necessitated employing a large number of security staff. The Vice-Chancellor submitted that the Syndicate of the University (in a meeting in which the Chief Justice of Pakistan was also present as a member) took up this matter and the University's land was finally demarcated and encroachments thereon were stopped, and that the boundary wall will be constructed soon. 18. The Vice-Chancellor of the University informed the Court that pursuant to the decision of its Syndicate, rules have been finalized to revive its students union, which had been banned during the undemocratic rule of General Muhammad Zia-ul-Haq, and that elections to the students union will be held during the current semester. Universities should have elected representatives of their students who can formally interact with the universities' administration so that problems can be addressed and resolved, rather than resort had to unnecessary protests and strikes. Therefore, other public sector universities should emulate the example set by the Quaid-i-Azam University and revive students union, but must ensure that student unions are inclusive and not divisive, ethnic or sectarian.
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19. The Pakistan Institute of Fashion and Design, Lahore. This University was established under the Pakistan Institute of Fashion and Design Act, 2011. We were informed that it is one of the very few universities which is compliant with the law governing it with regard to appointments of tenured positions and the holding of stipulated meetings of its statutory bodies. 20. The National Textile University, Faisalabad. This University, we were informed, is also compliant with its governing law, the National Textile University Ordinance, 2002, in the matter of appointments of tenured positions. It also regularly holds meetings of its Senate, Syndicate and Academic Council. Moreover, the ratio of academic to non-academic staff is 1:1.5, which complies with the ratio prescribed by the HEC. The Federal Ministry of Education, however, pointed out that the position of its Vice-Chancellor recently became vacant, which has been advertised and will be filled-in by selecting the most competent person. 21. The International Islamic University. This University is governed by the International Islamic University Ordinance, 1985 ('the Ordinance'). The concise statements submitted by the Federal Ministry of Education and the HEC, supported by the learned AAG, present a dismal picture of the University, and reveal the continuous and repeated violations of the…
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