PESHAWAR: In response to the recent announcement by the caretaker chief minister of Khyber Pakhtunkhwa regarding the establishment of new public sector medical universities, the KMU Employee Association has voiced concerns about the legality of the decision under the current governance conditions.
The association anticipates potential legal challenges from employees and students and calls for a careful consideration of the implications.
As per the Higher Education Commission (HEC) Islamabad Ordinance 2002, the KMU Employee Association stated that the process of establishing a university is well-defined, involving legal formalities, resource assessment, academic requirements, and a comprehensive feasibility report. The current procedure, the association said, appears to deviate from this established practice, potentially violating constitutional and legal frameworks.
A statement said the KMU Employee Association emphasised on the constitutional requirement for the involvement of the elected government in the establishment of a provincial chartered university. Given the interim government’s mandate to oversee free and fair elections, decisions such as passing ordinances should be considered in accordance with the law of the land.
Concerns are raised about potential violations of the Medical Teaching Institutes ACT (Amended) 2018, which mandates appropriate channels for processing recommendations by the respective Board of Governors. Any deviation from the process calls into question the legitimacy of decision-making.
It said a recent notification by the Election Commission of Pakistan imposed restrictions on the interim government, including a ban on project announcements. It said that if the establishment of new universities is deemed a development project, it may be in violation of these guidelines.
The association emphasised on compliance with the key requirements outlined by the HEC. The governing body of the association, headed by Associate Professor Dr Barkhna Jameel, demanded that the governor Khyber Pakhtunkhwa, chief minister, Health Advisor Prof Dr Riaz Anwar, secretary higher education and other officials withdraw the announcement.
“This move could potentially create legal complications due to incomplete registration, inadequate resources, staffing and financial concerns. Any deviation from the conditions laid down for the establishment of these universities can seriously challenge the legality of the decision,” said the statement.
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