ROOH-UL-AMIN KHAN, J:- Through this common judgment, we propose to decide the instant writ petition, filed by Professor Dr. Iftikhar Ahmad, Vice Chancellor , Gomal University Dera Ismail Khan ("the University ") and connected Writ Petition No.352-D of 2021 , filed by Riaz Ahmad, the petitioners, respectively , as identical question of law and fact is involved therein.
2. The resume of facts forming the back ground of the instant writ petition is that petitioner Professor Dr. Iftikhar Ahmad, was appointed as Vice Chancellor of the University vide notification dated 06.03.2020. In 52nd meeting of the Provincial Cabinet held on 16.03.2021, the Cabinet approved the up-gradation of the Faculty of Agriculture to the status of full-fledged University . As the University of Agriculture D.I. Khan ("UAD ") was already in existence at S.No.21 of the Schedule of KP Universities Act, 2012 ("Act of 2012 "), hence, the decision of the Cabinet appeared to be defective and bound to give rise to legal and factual conflict between the Institutions and was also against the spirit of Section 3 of the Act of 2012. The petitioner in good faith and in the best interest of the University addressed a letter to the worthy Prime Minister of Pakistan on 18.03.2021 pin pointing there in defects in the decision of the Cabinet. The Chief Minister Secretariat on 06.04.2021 addressed a letter to the Secretary Government of Khyber Pakhtunkhwa for taking necessary action against the petitioner on the basis of his criticism on the creation of (UAD ). The Higher Education Department Khyber Pakhtunkhwa on 19.03.2021, called explanation of the petitioner , who submitted detailed reply on 25.03.2021. According to petitioner a campaign of threats of disciplinary actions and harassment was started forcing him to resign from the office and the worthy Governor in his capacity as a Chancellor of the University , vide notifica tion No.SO (U-I)HE/3-1/GU/Gene-Misc/2021 dated 22.04.2021, sent the petitioner on " Forced leave " for a period of ninety days, hence, this writ petition with the following prayer:- "It is, therefore, most humbly prayed that on acceptance of this writ petition, the impugned notification dated 22.04.2021 of respondent No.1 be declar ed illegal and without lawful authority and in violation of Article 105 of the Constitution of Islamic Republic of Pakistan, 1973 and the same be declared void and be set aside. Further , the decision dated 16.03.2021 of the Cabinet (Govt of KPK) raising the faculty of Agriculture to full fledge University with the name of Agriculture University DI Khan be also declaration as violative of section 3 of the KP Universities Act, 2012 and therefore of no legal effec t and the same be set aside with such other relief as may be deemed appropriate may also be granted with cost".
3. During pendency of the instant writ petition, petitioner Prof. Dr. Iftikhar Ahmad was removed from the office, however , the said order was rescinded by the respondents vide order dated 08th September , 2021, on the basis of interim relief granted in favour of the petitioner by this Court.
4. Facts in brief forming the back ground of the connected Writ Petition are that Riaz Ahmad petitioner serving as a Deputy Director (IT) in the University and an elected Member of the Syndicate, alleged that in the wake of controversy between Prof. Dr. Iftikhar Ahmad, Vice Chancellor and the Provincial Government, the former was sent on "forced leave " for ninety days vide notification dated 22.04.2021 and Prof. Dr. Masroor Illahi, the Vice Chancellor of (UAD ) was assigned the additional charge of Vice Chancellor of the University till further orders.
According to petitioner , the said order of the Chancellor is against the provisions of the Act of 2012, hence, liable to be set aside.
5. Initially , comments of the respondents were called in both the writ petitions which were accordingly filed by them.
6. Arguments of learned counsel for the parties heard and record perused.
7. It appears from record that the Provincial Cabinet in its 52 meeting held on 16.03.2021, give the status of a full- fledged University to the Faculty of Agriculture. It was also decided in the meeting that the University shall transfer 1000 Kanal land to the newly established (UAD ). The petitioner while holding the Office of the Vice-Chancellor of the University on 18.03.2021 addressed a letter to the worthy Prime Minister of Pakistan, body of which is reproduced below for ready reference:- "It is stated that being a humble academic ian and Vice Chancellor of Gomal University I am not against the creation of any University within the country as per need-based assessment. However , the division of Peshawar University into multiple universities was not approp riate and suitable decision and is regretted in the educated circles. It is pertinent to note that such practice has not been witnessed in any other province than Khyber Pakhtunkhwa.
The decision of the cabinet on 16th March, 2021, of the upgradation of the Faculty of Agriculture, Gomal University D. I. Khan to an independent Agriculture University , D.I. Khan is repeating the history of the division of Peshawar University . This decision of the cabine t without taking the Syndicate and Senate of Gomal University into confidence is at least ethically not appropriate. Furthermore the decision is against section 3(2) of the Khyber Pakhtunkhwa Universities Act, 2012, where there is only provision of upgradation of a campus or sub-campus into a University .
Keeping in view the above facts, it is humbly requested that you should intervene in the matter in person for the best interest of Gomal University and its alumni.
Thanking you in anticipation."
8. In consequence of the above letter , the Provincial Government initiated proceedings against the petitioner on the ground that he by making direct correspondence with the Prime Minister , has violated the provisions of rules 38 and 39 of the Government Rules of Business as well as rules 21, 22, 25 and 29 of the Khyber Pakhtunkhwa Government Servants (Conduct Rules) 1987, resultantly , the worthy Governor in the capacity of Chancellor while exercising powers under Section 12(8) of the Act of 2012, sent the petitioner on "forced leave " for a period of ninety (90) days vide order dated 22.04.2021, with immediate effect. The petitioner challenged the aforesaid order before this court through the instant writ petition.
9. On 20.05.2021, when the case was being heard in motion, learned counsel for the petitioner contended that the Governor Khyber Pakhtunkhwa in the capacity of Chancellor of the University was not competent to issue thend impugned notification without formal advice of the Chief Minister or the Provincial Cabinet which is mandatory requirements of Article 105 of the Constitution of Islamic Republic of Pakistan, 1973 ("Constitution "). In view of the contention of learned counsel for the petitioner , the worthy Advocate-General along with representative of the Directorate of Higher Education present in the court on pre-filing notice, accepted notice on behalf of the respondents and requested for time to submit their reply , which were filed accordingly , wherein the claim of the petitioner was refuted on factual as well as legal grounds, however , sending of the petitioner on "forced leave " under Section 12(8) of the Act of 2012 was conceded with a plea that being charged for misconduct, he may not influence the legal proceedings initiated against him by the competent autho rity. Along with comments, the respondents have also annexed a summary for the worthy Chief Minister , Khybe r Pakhtunkhwa, initiated by the worthy Secretary Higher Education, wherein the advice of the Provincial Cabinet has sought for initiating action against the petitioner under Section 12(8) of the Act of 2012. For the sake of convenience and ready reference, relevant paras of the summary are reproduced below:- "In view of above, Higher Education Department proposes that Honourable Chief Minister , Khyber Pakhtunkhwa may like to advise the Governor , Khyber Pakhtunkhwa/Chancellor , Gomal University D.I. Khan to:- i. Send Prof. Dr. Iftikhar Ahmad, Vice Chancellor , Gomal University D.I. Khan on forced leave for a period of 90 days with immediate ef fect under section 12(8) of the Act ibid. ii. Assign additional charge of the post of Vice Chancellor , Gomal University , D.I. Khan to Prof. Dr. Masroor Elahi Baber , Vice Chancellor , University of Agriculture, D.I. Khan till further orders on the analogy of Islamia College as none of the existing professors can be assigned charge for obvious reasons. iii. The chancellor/Governor Khyber Pakhtunkhwa may also like to grant an opportunity of personal hearing to the accused before removal as required under sub section (7) of section 12 of the Act ibid."
11. Proposal in Para No.5 reproduced above, was approved by the worthy Chief Minister on 15.04.2021, followed by the impugned notification dated 22.04.2021, whereby the petitioner was sent on "forced leave " and Prof. Dr. Masroor Elahi Babar , the Vice Chancellor of (UAD ) was assigned the additional charge of the Vice Chancellor of the University with immediate ef fect.
12. The role and functions of the Governo r as a Chancellor of the Universities have been delineated in the various provisions of the Act of 2012. In terms of section 9 thereof, the Governor Khyber Pakhtunkhwa shall be the Chancellor of the University and the Chairperson of the Senate, who or his nominee shall preside at the meetings of the Senate and the Convocation of the University . If the Governor is satisfied that serious irregularity or mismanagement with respect to the affairs of the University has occurred, he may as regards proceedings of the Senate, direct that specified proceedings be reconsidered and appropriate action be taken within one month of the direction having been issued. As regards proceedings of any Authority or with respect to matters within the competence of any Authority other than the Senate, direct the Senate to exercise powers under section 20 of the Act of 2012. In addition to above, he has the power to issue show cause notice to an authority functioning under the Act of 2012, the Rules or the Regulations framed under the Act of 2012. He confirms conferring of an honorary decree on any one and issues assent to the statute which is to be submitted to him by the Senate Chancellor shall hold the office during the pleasure of the so much so the Chancellor may remove anyone from the membership of any authority under the Act of 2012. Section 12 of the Act of 2012 empowers the Chancellor to appoint the Vice- Chancellor on the advice of Government from a panel of upto three candidates recommended by the Academic Search Committee. The Academic Search Committee, for the recommendation of persons suitable for appointment as Vice-Chancellor , shall be constituted by the Chancellor on the advice of Government and shall consist of the following:-
(a) an academician of national/internal repute with at least fifty (50) international publications, who shall be the chairman and convener of the Academic Search Committee.
(b) two of the most eminent educationist of Pakistan outside the Province of the Khyber Pakhtunkhwa having academic and administrative experience as Chairman, Dean or V ice Chancellor etc;
(c) One eminent academician or researcher of the Province of the Khyber Pakhtunkhwa with additional experience of working with any industry of Government agencies;
(d) Secretary to Government, Higher Education Department shall act as the Secretary of the Academic Search Committee.
Provided that no member of the Academic Search Committee shall be a candidate of the position of Vice- Chancellor , during period of his membership; and
(e) two persons from society at large being persons of eminence on the recommendation of Academic Search committee."
Section 12(7) of the Act of 2012, provides that the Vice Chancellor provided that before removing a Vice-Chancellor from his position, the Chancellor may grant an opportunity of personal hearing to the Vice-Chancellor . Likewise, under section 12(8) of the Act of 2012, the Chancellor is vested with the power to send the Vice Chancellor on forced leave for ninety (90) days extendable once if the circumstances do demands for reasons to be recorded.
All the proposed actions under Section 12(7)(8) and Section 12 of the Act of 2012, can be taken by the Chancellor under Section 9(7) of the Act of 2012 in compliance of section 9 (7) in the performance of his functions under the Act of 2012, the Chancellor shall act in the same manner as the Governor of the Khyber Pakhtunkhwa act under Article 105 of the Constitution.
13. From the above discourse it is manife st that in the matters of the Universities, the Governor as a Chancellor of the University is bound to act in the same manner as he acts under Article 105 of the Constitution. Needless to say that section 9(7) in the Act of 2012 reflects the intent of the legislature for realizing the supremacy of the Preliminary democracy . In case in hand, as discussed in the preceding para of the judgment, before initiating proceedings against the petitioner , the Secretary Higher Education has moved a summary for seeking the approval of the Chief Minister , sending the petitioner on "forced leave " for ninety days and to assign additional charge of the post of Vice-Chancellor Gomal University to Dr. Masroor Elahi Vice Chancellor University of Agriculture D.I. Khan, which was accorded on 15.04.2021. The approval of summary is advice of the Chief Minister in terms of Article 105 of the Constitution; as such it is held that the worthy Chancellor has acted on the advice of the Chief Minister and thereby complied with the requirement of Article 105 (1) of the Constitution, to which no exception can be taken.
14. Learned counsel for the petitioner contended that petitioner was appointed in accordance with the provisions of section 12 of the Act of 2012, who as a Vice-Chancellor served the University to best of his ability , whereas, his only bona fide objection over the decision of the cabinet and bringing the matter into the notice of the worthy Chief Executive of the country , has been made a ground for initiation of proceedings against him is nothing more but to push the Vice-Chancellor to wall either to resign from the post or allow the respon dents to achieve their object as per their whims. No doubt, the Act of 2012 invest the Vice-Chancellor of the University with Institutional head having administrative control over the University , however , a notice along with allegations has been served upon the petitioner wherein reply of the petitioner was sought. The worthy Governor/Chancellor is vested with the power to send the petitioner on forced leave for conducting fair, impartial and transparent inquiry wherein the services rendered by the petitioner coupled with his multi dimensional role shall be considered by the worthy Chancellor strictly in accordance with his constitutional obligations as he has shown:- "To do right in all circumstances, to all manner of people, according to law, without fear or favour , affection or ill-will. The impugned order is neither illegal nor without lawful authority nor is without reason, therefore, requires no interference by this court. In a recent judgment dated 17.12.2020, rendered by this court in WP No. 4944-P/2020, tilted, "Prof. Dr. Naushad Khan vs Govt of KP through Secretary Higher Education Archives and Libraries, Department and others " this court while dilating upon the issue of sending V ice Chancellor on forced leave has ruled that:- "The impugned order is synonymous to suspension of the present petitioner which is for all purpose and intents is an interim arrangement. The final inquiry against the petitioner is still in progress under the relevant Efficiency & Disciplinary Rules, therefore, at this stage, interference with the said proceedings is not the domain of this Court."
15. Moving to the next argument of learne d counsel for the petitioner that the Provi ncial Government i.e. the worthy Chief Minister or the Cabinet as well as the Chancellor of the University are not vested with the power to upgrade the Faculty of University into full-fledged University and transfer the property of the University in favour of any other University and by doing so, the act of the respondents would be in violation of the Act of 2012. Record divulges that in June 2012, in a meeting of Academic Council at agenda item No. 29, the Academic Council of the University approved the recommendation of the Board regarding Faculty of Agriculture and passed a resolution for establishment of Agriculture University D.I. Khan. Ultimately , the Faculty of Agricul ture Gomal University D.I. Khan was upgraded to full-fledged Agriculture University D.I. Khan. To this effect amendment was made in Schedule-I of the Act of 2012 and the UAD was added at its S.No.21. Under Sectio n 3(2) of the Act of 2012, the Governme nt may set up such universities as are considered appropriate by making an amendment in the Schedule through appropriate legislation and the provisions of the Act shall apply to each University set up after the commencement of the Act. Proviso attached to sub-section 2 of section 3 provides that the Government may set up a University in place of campus or sub-campus or any University listed in the Schedule and transfer all assets, liabilities, employees and student of such campus or sub-campus to such University .
16. The Gomal University D.I. Khan was established in the year 1974 and according to re-joinder filed by the petitioner round about 11000 Kanal land was donated/gifted for the University by Allah Nawaz Khan landlord of the area through a gift mutation, who was subsequently appointed as the first Vice Chancellor of the University . Till then on good chunk of land, Faculties and departments have been constructed and added in the University . The University was later on placed in Schedule-II of the Act of 2012, according to which the University shall be a body corporate by such name as may be notifie d and shall have perpetual succession and a common seal, and may sue and be sued by the existing name i.e. Gomal University which had already been prescribed in the Act of 1974.
Under section 3(5), the University shall be competent to acquire and hold property , both movable and immovable and to lease, sell or otherwise transfer any movable or immovable property which may have become vested in or been acquired by it. The University shall have academic, financial and administrative autonomy , including the powers to employ officers, Teachers and other employees on such terms and conditions as may be prescribed.
Similarly , under section 4, the University shall exercise the powers conferred on it by or under the Act within the territorial limits notified by the Government from time to time. Section 6 speaks about the powers of the University , according to which the University can enter into, carry out, vary or cancel contracts. Receive, transfer , invest and manage property , grants and contributions, bequests, trusts, gifts, donations, endowments made to the University , in such a manner as may be determined by the Syndicate . Similarly , the University may establish a grievance redressal mechanism in such a manner as may be prescribed by Statutes; and undertake or engage in such commercial activities, for the purpose of earning revenue, as it may deem appropriate. The Syndicate of the University under section 23 of the Act, shall be the executive body of the University and shall, subject to the provision of the Act and the Statutes, exercise general supervision over the affairs and management of the University . According to section 23(b) of the Act of 2012, the Syndicate shall have the powers to transfer and accept transfer of movable and immovable property on behalf of the University . To enter into, vary, carry out and cancel contracts on behalf of the University . To receive and manage any property transferred, and grants, bequests, trust, gifts, donations, endowments, and other contributions made to the University . To prescribe conditions under which the University may enter into agreements with other Institutions for with public bodies for purposes of research and advisory services.
17. It could not be controverted that the land in possession of the University is neither a State land nor allocated by the Government to the University nor acquired by the local administration or Provincial Government for establishment of the Gomal University D.I. Khan, rather it was gifted to the University by the first Vice-Chancellor , namely , Allah Nawaz Khan, whereas the Act of 2012 provides that the Gomal University D.I. Khan is an autonomous body competent to hold moveable and immovable property . It is only the Syndicate to transfer and accept transfer of the moveable and immoveable properties. In the event of sections 3, 6 and 22 of the Act of 2012, the Syndicate is the supervisor , manage r and custodian of the property of the University which can receive and manage any property transferred, and grants, bequests, trust, gifts, donat ions, endowments, and other contributions made to the University . It can also enter into, vary, carry out and cancel contracts on behalf of the University . In the scheme of the Act of 2012, the cabinet, the Chief Minister of the Province or any Committee of the Government has no nexus with the property of the Gomal University . The worthy Advocate General when confronted with the proposition as to whether the Committee constituted by the Government for establishment of the University of Agriculture D.I. Khan or the Provincial Government, without consulting the Vice-Chancellor being executive head of the University or without approval of the Syndicate was competent to transfer the land of Gomal University to any other University , he vehemently emphasized and insisted that the public sector Universities are running through Government funding rather these Universities rely on Govern ment funding for most of their expenses. Being a poor province, it would be difficult for the Provincial Government to acquire land for a newly established University , while sufficient portion of land with Gomal University is lying barren in desolated position. In such a situation, the University should shoulder government' s task of establishment another University in the precinct of Gomal University . We will not dilate upon the issue of funding of the government to the public sector Universities as it is known to everyone that how much percent of GDP goes to Education Sector , particularly , to higher Education, however , it can be conceded that, undoubtedly , the higher education is an obligation of the Government, but the aid or fund granted to the University is not to confuse or mixed up with Government control over the academic, financial or administr ative autonomy of Universities, which definitely would be an attempt to deviate from preamble and provisions of section 3(2) of the Act of 2012. Interference of the Government in the affairs of the Universities will not only violate the mandate of the autonomy guaranteed in the Statute enacted by the Government but will also damage the quality of Education being awarded in the educational institution.
Exclusive control of University by the Government would be a constituent element in facilitating the maintenance of totalitarian tyrannies. In such a situation, Institution of higher learning would be controlled and managed by the government authorities like mercenaries for providing political purpose of the government. We have noted that in case in hand, the property under the ownership, control and possession of the Gomal University was unilaterally ordered to be transferred by the Committee constituted for distribution of assets between the Gomal University and newly established Agriculture University D.I. Khan.
18. It appears from record that on establishment of the University of Agriculture D.I. Khan, the Secretary to Government of Khyber Pakhtunkhwa Higher Education Department, constituted a committee vide notification dated 31.07.2018, comprising of the following persons:-
1. Chief Planning Of ficer, Higher Education Department KPK (Convener)
2. Prof. Dr . Ijaz Ahmad Khan, Project Director , University of Agriculture, DI. Khan
3. Dr . Abdul Aziz Khakwani, Assistant Professor Member of Syndicate, University of Agriculture, D.I. Khan.
4. Mr . Muhamamd Shahid, Director Planning & Development Higher Education Commission, Islamabad.
5. Mr . Dil Nawaz Khan, Registrar , Gomal University , D.I. Khan
6. Director Finance, Gomal University , D.I. Khan.
7. Prof. Dr . Salah ud Din, Coordinator City Campus, Gomal University , D.I. Khan.
The committee held a meeting on 16th April 2021, wherein at agenda item No.5, the Vice-Chancellor of the University of Agriculture D.I. Khan presented a break-up of various types of movable and immovable assets of the Gomal University , including vehicles, animals, books, hostels, land resources, laboratories, farm machinery , libraries and books and demanded transfer of the above properties or shared with University of Agriculture D.I.
Khan. The entire process of distribution of assets of Gomal University was carried out without taking onboard the Vic-chancellor or Syndicate of the University , which indeed is not supported or backed by law. In pursuance of the decision taken in the above meeting, the Registrar of the Gomal University made a request to make all necessary arrangements for the transfer of 1000 Kanals land to UAD at the earliest. The said letter was responded by the Registrar Gomal University D.I. Khan through the following letter:- "No.4468/Reg/Gu dated 21.04.2021 To The Registrar , University of Agriculture, Dera Ismail Khan.
Subject: i. Request to direct the staff of Faculty of Agriculture Gomal University , D.I. Khan to Writ Petition No.1987-P/2021 18 report to the Registrar Office University of Agriculture D.I. Khan. ii.Transfer of 1000 Kanals land by Gomal University to the University of Agriculture D.I. Khan.
Reference your letter No.152 /Reg/UAD/DIK & No.153/Reg/UAD/DIK dated 07.04.2021 on the subject as cited.
I am directed to bring in your notice that the Honourable Chief Minister vide letter No.SO-III/CMS/DN-27- G/2018/DIK dated Peshawar the April 6th 2021/2933 (Annex-A) has sent the decision of Provincial Cabinet of Khyber Pakhtunkhwa regarding upgrada tion of the Faculty of Agriculture, Gomal University to an independent Agriculture University , D.I. Khan to the Secretary to Government of Khyber Pakhtunkhwa, Agriculture, livestock, Fisheries & Cooperative Department for review as per rules with reference to letter No.690/VC/GU dated 18.03.2021 (Annex-B).
Furthermore, the Vice Chancellor in response to your letter No.01/VC/UAD/DIK, dated 18.03.2020, vide letter No.1760-65/GU/Estt. Dated 04.05.2020 has stated that Gomal University is governed by Khyber Pakhtunkhwa Universities Act, 2012 (amended upto date) and there is no provision in this Act under section 3(2) regarding upgradation of any faculty into a University (Annex-C). The same issue was taken up in a meeting with Additional Chief Secretary , in the presence of the Vice Chancellor UAD, with reference to section 3(1) and 3(2) of the Khyber Pakhtunkhwa Universities Act, 2012 amended up to date. It was sent to law, Parliamentary Affairs and Human Rights Department for clarification of provision in this regard.
Furthermore, the owner of movable and immovable property of the University , under section 23(2)(b) and (d) and section 3(5) and 3(7) of the Act ibid, is Gomal University Syndicate, however , the Syndicate in its 99th meeting held on 05.05.2019, discussed the issue which is reproduced as "the land of Gomal University was gifted by Nawab of Dera, Nawab Allah Nawaz Khan specifically for Gomal University D.I. Khan which probably cannot be considered/treated as a State property . Further , the Gomal University is alrea dy in financial deficit of more than one Billion to be paid as pension and other liabilities to its retired employees already in que ."
In the light of its financial constraints, the Gomal University Syndicate had conditionally agreed to mutate (sell) its land on payment, following proper prescribed procedure and codal formalities, to the University of Agriculture, D.I.
Khan. The decision of the Syndicate in the same meeting is reproduced as under:- "after receipt of Rs.300 (million), the Vice Chancellor , Gomal University may be requested to call a meeting of the Syndicate at earliest for approval of the same and for mutation of the land in the name of University of Agriculture, D.I. Khan or may approve the case anticipation or call the meeting of local members of Syndicate."
It has been observed that some committees constituted for the purpose and the Gomal University Academic Council had put forward their recommendations but none of them, as per the Act ibid, are authorized to do so and henceforth have no standing thereof.
Keeping in view the above facts especially the directives of the Chief Minister to review the decision of Provincial Cabinet as per rules/policies, Gomal University is handicapped to process your desired request.
I sincerely hope that you will proceed accordingly . Kinds regards.
REGISTER Gomal University .
19. From the above correspondence, it is manifest that in case of distribution of assets i.e. movable and immoveable properties of the University , the competent authority vested with the power to receive or alienate the properties of the University , is Syndicate which has neither been approached by any authority nor the case is paced before it.
20. In wake of the above discourse, it is held that:-
(a) The impugned Notification dated 22.04.2021, whereby the Vice-Chancellor/petitioner has been sent on "Forced Leave " has been issued by the competent authority within its statutory domain, to which no exception can be taken.
(b) Establishment of the Universities, more particularly in the technical and profession field is the need of the day, whereas the Provincial Government is fully empowered to create and establish University through amendment in the Universities Act of 2012, which exercise has been down by the Provincial Government in accordance with its constitutional powers by inserting the University of Agriculture D.I. Khan at S.No.,21 in Schedule-I, vide Khyber Pakhtunkhwa Universities (Amendment) Act, 2018, which act of the government is not amenable to writ jurisdiction of this Court.
(c) Gomal University is established having a complete autonomous status under the Act of 2012 without being subject to the Government control and free in discharging its function. This autonomy guaranteed to the University is the hallmark of the Legislature. As such the immovable property being the ownership of the Gomal University D.I.
Khan, cannot be distributed, acquired or alienated by any authority without the permission/assent/approval of the Syndicate of the University . All the demands and proceedings regarding transfer and distribution of assets of the Gomal University D.I. Khan to the newly established Agriculture University of D.I. Khan, being without lawful authority and jurisdiction are hereby set-aside. However , the Provincial Government or the Higher Education Department may approach the Syndicate of the Gomal University D.I. Khan through its Vice-Chancellor for lending or transferring of any property to the newly established University of Agriculture D.I. Khan.
21. In view of the above, the connecte d Writ Petition No. 352-D of 2021, filed by Riaz Ahmad, has become infructuous which is hereby dismissed.
22. Before parting with the judgment, we deem it appropriate to mention that at preliminary stage of hearing of the instant writ petition, officials of the Higher Education Department in presence of the worthy AAG, made an oral commitment that no adverse action shall be taken against the petitioner, however, subsequently, order of removal of the petitioner from the position of the Vice-Chancellor Gomal University D.I. Khan was passed by the worthy Chancellor, hence, the Principal Secretary to the Governor along with Deputy Secretary Higher Education Department, were summoned, who appeared before the court and offered un-conditional apology and stated that the order of removal dated 25.02.2021, was the result of an inadvertent mistake as representatives of the respondents who attended the court had not conveyed to them the commitment made before the court. On the next date of hearing, the worthy Advocate General produced order dated 08.09.2021, whereby showing good gesture and respect for the court orders, the worthy Governor rescinded the order of removal of the Vice-Chancellor dated 25.05.2021 subject to final outcome of the instant writ petition.
23. On disposal of the instant writ petition , the worthy Governor shall look into the matter a fresh in accordance with the provisions of the Khyber Pakhtunkhwa Universities Act, 2012 (amended up to date), however , it is expected that the worthy Governor while proceeding with the case regarding the alleged misconduct of the petitioner shall keep in mind the observations of Hon'ble Supreme Court of Pakistan passed in well celebrated judgment rendered in case titled, "Rana Aamer Raza Ashfaq and another vs Dr. Minhaj Ahmad Khan and another" (2012 SCMR 06) wherein the role of V ice-Chancellor of the University has been described as under:- "Universities are seats of learning and centers of excellence. They not only enable the future generations to equip themselves with degrees/practical tools to earn livelihood, but also enrich them with learning, with wisdom and with visions for practical lives. To achieve its objects, the University functions besides the Chancellor and Vice Chancellor through its various institutions i.e. the faculty , the Senate, the Syndicate and Board of Studies. The Vice Chancellor is its institutional head and enjoys a pivotal position. Being the executive and academic head of the University , it is for him to ensure that the University' s Statute, Regulations and Rules are faithfully observed.
He presides over the meetings of various bodies of the University and affiliated colleges. In matters of urgent nature, it is he who takes remedial steps; it is he who creates temporary posts when the urgency requires; he sanctions expenditures provided for in the approved budget, re-appropriates amounts not exceeding a certain amount; he convenes meetings of the Senate and the Syndicate. He is the bridge between the executive and academic wings of the University . It is this multidimensional role of the Vice Chancellor which requires that the person who occupies this office should be imbued with values and character traits of integrity , of academic excellence and administrative ability . It is because of this that the search for Vice Chancellor the world over has been an exercise driven by higher principles. In our own country , the University Grants Commission has laid down a procedure for appointment of Vice Chancellor which inter alia requires the constitution of a Search Committee. The said Search Committee comprises of eminent individuals having distinction in various disciplines. The Search Committee is to recommend a panel of three candidates out of which the competent authority has to appoint one as V ice Chancellor ." (Bold supplies for emphasis).