The Lahore High Court (LHC) has observed that the Higher Education Commission (HEC) cannot interfere in the employment matters or internal administrative affairs of chartered universities beyond the authority granted under the law.
Justice Jawad Hassan issued the observations while hearing a petition filed by a private university challenging an HEC order that allegedly contained directions regarding its internal affairs.
Representing the petitioner, Advocate Muhammad Ali Siddiqui informed the court that the university was established under the Times University Multan Act, 2020, and its employment matters were governed by the Employees Service Regulations, 2022.
The counsel argued that Section 10 of the Higher Education Commission Ordinance, 2002, authorises the HEC to evaluate, improve and promote higher education and research through policies and guiding principles. However, he maintained that the provision does not empower the commission to interfere in the internal administration or employment matters of a chartered university.
He further submitted that the contested order had been issued by the HEC in compliance with directions given by a court in a separate writ petition. However, he argued that judicial directions could not grant the commission powers beyond those provided under the law.
After hearing the arguments, Justice Jawad Hassan suspended the challenged HEC order, observing that the university’s contention regarding the commission’s alleged overreach appeared to carry considerable weight.
The court admitted the petition for regular hearing and issued notices to the respondents, directing them to submit a report and paragraph-wise comments within four weeks.
The judge also directed the concerned law officer to obtain instructions and ordered a senior HEC official familiar with the matter to appear at the next hearing and explain the commission’s position.
The case has been fixed for December 10.
