PHC restores UoP registrar, suspends transfer order

PESHAWAR: The Peshawar High Court (PHC) on Tuesday restored Dr Syed Fazl-i-Hadi as registrar of University of Peshawar (UoP) suspending his transfer order issued by the acting vice-chancellor of the university.

A two-member bench comprising Justice Younas Thaheem and Justice Ijaz Anwar suspended the notification issued on February 7, this year by the pro-vice chancellor of UoP till next order.

The bench also issued direction to acting vice-chancellor, Dr Muhammad Abid, Dr Zulfiqar, an assistant professor who was appointed as acting registrar and Higher Education Department to submit written comments in the petition.

During hearing, the petitioner's lawyers Mohibullah Kakakhel and Saifullah Mohib Kakakhel submitted that the petitioner had earlier filed the writ petition against his transfer. They said the court then passed and order on March 7, and referred the case to the syndicate of the university.

"We direct that the meeting of syndicate be convened in the first week of April for deciding the grievance of the petitioner. Surely, the grievance of the petitioner shall be proceeded in accordance with law, and in case the same cannot be positively considered, reasons thereof in writing be communicated to the petitioner," the court had observed in the decision.

It was pointed out before the bench that meeting of the syndicate was held on April 6, but the item of the transfer order was missing from the agenda.

It was stated that the Higher Education Department wrote a letter on April 5, to postpone the meeting of the syndicate as Section 40 of the Act does not provide the right of appeal to the petitioner.

The lawyers argued that the impugned removal of the petitioner from the post of registrar was malafide for ulterior motives and personal mandate of respondent acting vice chancellor.

It was argued that despite the orders of the high court, the petitioner had gone unheard and no relief provided to him because of the vicious circle of the acting vice-chancellor, who will remain in the office one way or the other.

It was submitted that the Governor/Chancellor Khyber Pakhtunkhwa sought an advice from the Law Department on the issue. "This department is of the view that Dr Syed Fazl-i-Hadi has been appointed on regular basis under a statute and he has vested/ accrued right to continue on regular basis till his retirement. Such vested right is not affected by repeal of the University of Peshawar Act," the Law Department opinion was quoted in the petition.

It was also pointed out that first the vice-chancellor had personal grudges against the petitioner and second he had been appointed in contravention of the latest judgment of the Supreme Court of Pakistan, belongs to Jamaat-e-Islami, the coalition-partner of the ruling party.