HEC devolution case: notices issued to respondents for appearing before court today

The Supreme Court on Monday issued notices to all the respondents on writ petitions filed by top notch educationists regarding devolution of Higher Education Commission (HEC) to provinces to appear before the apex court on Tuesday.
The decision to devolve HEC to provinces was challenged by Dr Attau-ur-Rehman, former patron-in-chief of the commission and some education experts citing the HEC is an autonomous entity and it has nothing to do with the concurrent list under 18th amendment.
The apex court issued notices to central and provincial law ministries, inter-provincial co-ordination division/implementation commission, Islamabad and HEC. A three-member bench headed by Chief Justice Iftikhar Muhammad Chaudhry heard the petitions.
Resuming the hearing, the lawyer for petitioners Anwar Mansoor Khan said that the federal government is misinterpreting the constitution as far as devolution of HEC is concerned, saying it is not necessary to bring it (HEC) under education ministry after 18th Amendment. The petitioners pleaded the apex court for issuance of stay order till final decision of the case. However, Chief Justice Iftikhar Chaudhry termed it as a 'burning issue' and adjourned it till Tuesday.
The petitioners have submitted that HEC and its functions are being devolved unto provinces, which is illegal and unconstitutional as the subject of higher education is not in the concurrent legislative list. It is submitted that HEC is an autonomous organisation, set up in 2002 through HEC ordinance, replacing the old University Grants Commission, which was looking after the affairs of universities.
The aim of the commission, the petitioners contended, has been widened through improvement and promotion of higher education, research and development by facilitating institutions of higher learning. It was also submitted that HEC is not attached to education ministry and directly functions under prime minister. They further pleaded that after 18th Amendment, the concurrent legislative list was abolished and the matters, which were to remain with the federal legislation, either continued to remain in the said list or were added to the same.
In addition, the powers contained in Part II items 11,12,13,15, and 18 are subjects controlled by the Council of Common Interest (CCI) controlled by Article 154 of the Constitution, it was mentioned. It was submitted that the HEC was and continues to be controlled as to regulation and policies by the CCI, where the government of Pakistan has no authority to interfere in and modify or change the functions and authority of the HEC.
The petitioners mentioned that the HEC is a role model federal organisation constituted by law and which empowers equal and full participation of all provinces and universities in higher education policy making for national development. They also cited the examples of most of the countries around the world, where higher education is a federal subject.
For national integration and prosperity, it is essential that HEC must continue to perform its functions which it has successfully done so far the last eight years, they pleaded, adding that HEC has accomplished more in a short span of eight years than what was achieved in last 55 years.