PESHAWAR: The Peshawar High Court (PHC) on Tuesday issued contempt of court notice to Khyber Pakhtunkhwa chief minister for not complying with the court order to appoint a permanent principal for the Razmak Cadet College, North Waziristan, and remove the serving ineligible military officer as principal.
A two-member bench comprising Justice Muhammad Ibrahim Khan and Justice Abdul Shakoor issued the notice to Mahmood Khan. He was directed to explain his position as to why the court decision was not complied with.
The notice was issued in a petition filed by 19 staff members including associate professors, senior masters and masters against the chief minister, Chief Secretary Salim Khan, Lieutenant Colonel Shafqat Abbas, Principal, Razmak Cadet College, Manzoor Ahmad, secretary, Higher Education Department and others.
The counsel for the petitioners, Mian Hikmatullah Jan, submitted before the bench the high court had on April 15, 2019, passed a judgment in the writ petition filed by the staff of the Razmak Cadet College. It had directed the KP chief minister as chief executive of the BoG of the college to appoint a permanent principal for the college within 60 days.
However, he pointed out, the respondents failed to appoint a permanent principal for the college and even did not initiate the process for that. The lawyer informed the bench that the respondents in violation of the court decision allowed the respondent Lieutenant Colonel Shafqat Abbas to continue working as a principal.
He said the court had declared the principal appointment illegal and ordered the respondents to give charge to vice-principal of the college till the appointment of a permanent principal as per the law.
The lawyer pointed out before the court that the respondents instead of complying with the court orders are adamant on appointing the respondent acting principal as principal of the college by framing new rules to foil the orders of the court and block the way for experienced and senior teaching faculty members being promoted /appointed to the post of the principal.
Justice Abdul Shakoor, who had authored the judgment in the petition had stated that there is no provision in the Razmak Cadet College Employees (Service) Rules, 1992 for the appointment of a lieutenant colonel as principal of the college.
It was stated in the judgment that under the rules, whereunder, a person who is MA/MSc 1st or 2nd class, preferably M.Ed/B.Ed/foreign qualified and has 17-year experience in a similar type of institution, including at least 7 years as vice-principal or principal of the same type institution or a brigadier from Army Education Corps or equivalent, are eligible to be appointed as principal.
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