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ALL PUBLIC UNIVERSITIES BPS TEACHERS ASSOCIATION (APUBTA) vs The FEDERATION OF PAKISTAN through Secretary Federal Education and Professional Training, Islamabad art — 2024 SCMR 1887 SUPREME-COURT

Case information

Citation
2024 SCMR 1887 SUPREME-COURT
Court
Supreme Court of Pakistan
Year
2024
Reporter
SCMR
Parties
ALL PUBLIC UNIVERSITIES BPS TEACHERS ASSOCIATION (APUBTA) vs The FEDERATION OF PAKISTAN through Secretary Federal Education and Professional Training, Islamabad art

Fields are extracted from the reported citation and judgment text. Where a detail is not stated in the record, it is not shown.

Judgment text as reported

ALL PUBLIC UNIVERSITIES BPS TEACHERS ASSOCIATION (APUBTA) VS The FEDERATION OF PAKISTAN through Secretary Federal Education and Professional Training, Islamabad art. 184(3)---Constitution petition before the Supreme Court---Public Sector Universities---Posts of Vice-Chancellors, Pro Vice-Chancellors, Rectors, Presidents, Vice-Presidents, Registrars, Heads of Faculties and Departments, Controller of Examination, Director Finance and other tenured positions either lying vacant and/or held on acting charge basis---Legality---Public sector universities must comply with their respective laws, and if those in charge of them are disregarding the same for no justifiable reason, then they must demonstrate that they are still competent to hold their respective positions---Laws governing these universities require that the meetings of syndicates, senates, boards of governors and boards of trustees, as applicable, must be periodically held---Universities must not leave vacant important positions of vice-chancellors, presidents, vice presidents, registrars, heads of faculties and departments, controller of examination and director finance as in doing so they contravene the applicable laws---This state of affairs whereby the law is disregarded cannot be allowed to continue---Considerable amount from the public exchequer is spent on public sector universities---These universities must abide by their respective laws---Unfortunately, many are being run in contravention of their laws on the personal whim of those placed in charge thereof---These transgressions adversely affect academics, the reputation and standing of Pakistani universities and also undermine the degrees awarded by them---Supreme Court directed that copies of present order be sent to the respective Vice Chancellors/Rectors and to all those not compliant who shall submit within two weeks of the receipt of the notice their response under their own signatures explaining why they are not complying with the law governing their university and why appropriate actions may not be recommended to be initiated, or be initiated, as the case may be, against them, and they shall also be in attendance on the next date of hearing---Supreme Court observed that Higher Education Commission (HEC) has prescribed an ideal ratio of academic to non-academic staff to be 1:1.5, which nearly all universities are failing to abide by in that the non-academic staff far exceeds the said ratio; that this appears to be one of the reasons for the financial problems being faced by the universities---Supreme Court directed that the Federation, Provinces and the Islamabad Capital Territory shall submit whether directions have been issued to ensure that the universities restrict/stop further employment of non-academic staff.

Other judgments reported in 2024 SCMR

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