Islamabad: Legal experts say neither the Federal Education Ministry nor its minister finds any mention in the 3,112-word Higher Education Commission (HEC) Ordinance 2002, and no role has been provided in its affairs in any context.

They say if the Education Ministry had any relevance under the HEC ordinance or any other law for verification of degrees, the Supreme Court would have referred to it in its last month’s judgment in the Rizwan Gull case in which the Election Commission of Pakistan (ECP) was directed to check the MPs’ certificates and prosecute the cheats.

Prominent constitutional expert Justice (R) Tariq Mehmood said that the HEC’s role was different from that of the Education Ministry.Tariq Mehmood said that the HEC report on degrees would be acceptable in any court of law while the ministry’s findings would have no weight.

“Primarily, it is the job of the HEC to verify degrees and the Education Ministry or education minister does not figure anywhere,” he added.Another expert referred to a case currently before the Supreme Court relating to the degrees of two MPs of Balochistan in which it has sent their certificates to the HEC, not the Education Ministry, for verification.

After the 18th Amendment, he said, the Education Ministry’s role has been further eroded because the subject of education is to be handled by the provinces.These comments contradict the position taken by Education Minister Sardar Assef Ahmed Ali to gain control over the HEC, especially in relations to the process of verification of university degrees of the lawmakers is alien to the HEC ordinance.

However, the prime minister, who has been named as the controlling authority in the law, has powers but even he can’t sack the HEC chairman except for the specific reasons listed in the ordinance.

Under Section 6, the HEC chief may not be removed from office before the expiry of his four-year term, save on proven charges of corruption, inefficiency, permanent disability or failure to attend two consecutive HEC meetings without intimation in advance. The chairperson or any member may, by writing under his hand addressed to the controlling authority, resign from his office.

According to its preceding section, the prime minister appoints a person of international eminence and proven ability who has made significant contribution to higher education as teacher, researcher or administrator, as HEC chairman on such terms and conditions as he may determine.At no place in the ordinance, the prime minister has been given unbridled powers by the law as Section 3 says he “may supervise” the HEC affairs.

The law does not allow the controlling authority to overrule any decision taken by the HEC. However, under Section 4, he may refer any of its decision to the HEC for reconsideration. All HEC decisions are to be expressed in terms of the opinion of the majority of its members present and voting. In the event of an equality of votes, the chairperson or, as the case may be, the member presiding the meeting has a casting vote.

A careful reading of the law makes it clear that the HEC is an autonomous body having been assigned a specialized job that can’t be interfered or tampered with by any government functionary leave aside the exuberant education minister.

In the opening of the ordinance, spelling out the objective of its promulgation, brings in its ambit the work of verifying the genuineness or otherwise of university degrees of their holders. It says whereas in the interest of improvement and promotion of higher education, research and development, it is expedient to provide for the establishment of HEC and for matters connected therewith or incidental thereto.”

The section enlisting the powers and functions of the HEC ordinance is very elaborate. Some of them justifying the process of authenticating the MPs’ degrees in which the HEC is currently engaged in causing a storm in the official quarters says, for the evaluation, improvement, and promotion of higher education, research and development, the HEC will advise the federal and provincial governments on proposals for granting a charter to award degrees in both public and private sector; determine the equivalence and recognition of degrees, diplomas and certificates awarded by the institutions within Pakistan and abroad; develop guidelines and facilitate the implementation of a system of evaluation of performance of faculty members and institutions; perform such other functions consistent with the HEC ordinance as may be prescribed or as may be incidental or consequential to the discharging of its mandated functions.

Furthermore, for the evaluation, improvement, and promotion of higher education, research and development, the HEC cause evaluation of the performance of institutions; prepare, through consultation with the institutions, plans for the development of higher education and express its opinion on all matters relating thereto; prescribe conditions under which institutions, including those that are not part of the state educational system, may be opened and operated.

The HEC consists of the chairman, secretaries of education, information technology and telecommunication division or scientific and technologic research division to be nominated by the controlling authority; four nominees of the provincial governments; seven persons of international eminence and proven ability with significant contribution to higher education as teacher, researcher or administrator provided that at least one of the members will be a woman; one member to be a Rector or Vice-Chancellor appointed by the controlling authority out of a panel of three persons suggested by a committee consisting of all vice-chancellors of public sector universities to be set up by the HEC and two members will be persons of eminence from the private sector who have made significant contributions in the field of higher education or research and development.

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