SHC orders status quo as move to appoint Dr Asim SHEC chairman for third time challenged

The Sindh High Court on Friday ordered status quo with regard to a recommendation made by the universities and boards department for a third-time appointment of Dr Asim Hussain as chairman of the Sindh Higher Education Commission (SHEC).

The interim order came during a hearing of a petition of Roshan Ali Buriro, who challenged the recommendation for making Hussain head of the commission for a third term. He submitted that the respondent was appointed SHEC chairman in 2014 and reappointed after four years despite his facing a mega corruption case pertaining to charges of misuse of authority and embezzlement, thereby causing losses of over Rs462 billion to the national exchequer.

He said Hussain’s second term expired on January 28, 2022, and as per the SHEC Act the chairperson and members “shall hold office for a period of four years and shall in no case be eligible for reappointment for more than one similar term”.

The petitioner said the respondent was continuing the public office illegally despite completing two terms, and that he had caused severe damage to higher education in the province. The controlling authority had not only abused his authority but also lost trust of the populace by allowing the respondent to continue holding the SHEC office, he remarked.

The petitioner also questioned the criteria for the appointment of Hussain as chairman of the provincial commission, saying that he is just a medical graduate with a local diploma in the field of medicine, which limits his exposure and expertise in any of the fields of higher education.

He raised questions about Hussain’s performance and alleged that he not only abused his authority to benefit his family members, but in sheer disregard for conflict of interest he also benefited the universities/institutes of higher learning that he owned.

He further alleged that the respondent also asked the secretary of the universities and boards department to move a summary whereby the existing search committee had been proposed to be de-notified and a new search committee under his chairmanship was to be constituted for placing all institutes of higher education in the province under the SHEC to “achieve his personal goals”.

The petitioner’s counsel submitted that holding the SHCE office by the respondent as well as the move to hold chairmanship of the proposed search committee were in violation of the letter and spirit of the SHEC Act 2013.

He said the respondent was recommended for appointment as SHEC chief for a third-time, and a summary to this effect was pending before the chief minister. He submitted that the reappointment of the respondent would be a violation of Rule (5) (5) of the SHCE Act, which provides that “chairperson and members shall hold office for a period of four years and shall in no case be eligible for reappointment for more than one similar term”.

The high court was requested to issue a writ quo warranto to show under what authority of law the respondent was holding the public office and purporting to hold the office of the search committee chairman, and to restrain him from performing functions of as SHEC chairman.

After the preliminary hearing of the petition, a division bench, comprising Justice Aftab Ahmed Gorar and Justice Adnanul Karim Memon, issued notices to the SHCE, Dr Asim Hussain and others and called their comments. The high court directed the parties to maintain status quo in the matter.