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Educationists, politicians, Vice Chancellors of various universities and staff of Higher Education Commission heaved a sigh of relief over the Supreme Court's decision regarding the future of the commission. However, they were little cautious in their reaction over the amendments being considered by the government in the existing laws governing the HEC.
The Supreme Court on Tuesday after hearing petitions against dissolution of the HEC directed HEC to restore all its privileges and keep operating until a new law is constituted for the commission. Makhdoom Javed Hashmi, MNA and a leader of Pakistan Muslim League-Nawaz said, "We are happy over the decision of the Supreme Court, which has upheld its autonomy and affirmed that under the 18th Amendment it couldn't be devolved to the provinces".
Javed Leghari Chairman of HEC said HEC has always ensured that all provinces are on board during policy framing and development of programmes and research. He said the commission would continue to improve quality and research work, which is the main role of HEC. Mian Abbas Ahmed former Vice Chairman of Pakistan Bar Council (PBC), when contacted, had an altogether different opinion that the HEC could not be devolved to the provinces even if the government brought a new law through Parliament. "It's a timely decision of the Supreme Court, which had correctly interpreted the position of the commission in the light of 18th Amendment.
The Parliament can't pass a law devolving the functions of higher education to the provinces and any such law will be against the Constitution. An official of the commission wishing not to be named said the Supreme Court had clearly said that HEC would remain functioning till the Parliament constituted a new law and the Parliament could amend any law that was the beauty of democracy, but under the 18th Amendment the commission could not be devolved to the provinces as the notification of devolution could not supersede the ordinance of the commission.

Copyright Business Recorder, 2011

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