Governor is bound to act on advice of CM in appointment of VCs: BHC
Syed Ali Shah :
QUETTA: Balochistan High Court (BHC) has termed appointments of Vice-Chancellors by the Governor/Chancellor without the advice by the Cabinet/Govt and Chief Minister as a violation of the Constitution.
A division bench of the BHC comprises senior judge, Mr. Justice Hashim Khan Kakar, and Mr. Justice Nazeer Ahmed Langove passed this order on a constitutional petition. Dr. Ilyas had filed the CP.
“Governor is bound to act on the advice of the Chief Minister in the appointment of vice-chancellors”, the bench ordered. The court directed the respondents to make necessary amendments in the impugned provisions of the Bolan University of Medical and Health Sciences (BUHMS) 2017 act.
The court gave a reference to the Bahauddin Zakarya University Multan. When former Governor Punjab Latif Khosa appointed Vice-Chancellor without the advice of the then Chief Minister Shehbaz Sharif, the Supreme Court bound the Governor to act on the advice of the CMs in the appointment of VCs.
Appointment of VCs without the advice of CM is violation of the Constitutioin
The bench mentioned that article 105 of the Constitution clarifies that the Governor has to act on the advice of the Cabinet. Appointment of vice-chancellors without the advice of the Chief Minister/Cabinet/Government is a violation of the constitution.
The 18th amendment improved transparency in the political system, minimized individual discretion, strengthened parliament, increased provincial autonomy, ensured the independence of the judiciary, expanded fundamental rights, and improved governance.
Under the 18th amendment, the powers of the Governors were curtailed and the elected representatives of the masses were empowered to make important decisions. The court admitted the constitutional petition in this regard.
It may be mentioned here that Governor Balochistan has made appointments of vice-chancellors despite the passage of the 18th amendment in the country.
