Devolution of HEC – forgetting the actual challenge – by Naveed Ali
Decision to devolve Higher Education Commission (HEC) of Pakistan to provinces has resulted in an outcry from many circles. This decision is outcome of eventual devolution of federal ministry of education as a result of elimination of concurrent list after eighteenth amendment in the constitution.
HEC has provided services in maintaining standard and quality of higher education in Pakistan. In Brief the commission has worked to create a network of both public and private higher education institutes, managed curriculum, facilitated research and development, promoted technology, and financed and endorsed post graduate studies.
After elimination of concurrent list, Education administration has to be transferred to the provinces, as such it makes sense if HEC is to be devolved, because it cannot o longer operate in its current frame work. However federal government has jurisprudence on matters of higher education under federal legislative list (which is also modified under 18th amendment). What is yet to be seen is the proposal of the implementation commission as hinted by Senator Raza Rabbani. However a petition has been filed in Supreme Court of Pakistan and a three member bench is to start hearing from 11th April.
A controversy has erupted after HEC was advised of decision made by the government. As usual a debate has been started if HEC was an effective organisation or not, and as usual public is rewarded with contrary views as both camps have reasons in favour of their opinion. Again, as usual it has become a show of lack of discipline, communication, coordination, administration and everything else related to management and governance. Certain groups in Media (as usual) are promoting sensational conspiracy theories especially in the background of the fake degrees fiasco as HEC was held responsible to verify degrees of the elected members of legislative assemblies. Although there was nothing heroic of HEC but that they have performed their duty, also it is a very naive thought if politicians (even if they have a grudge against HEC) are conspiring because after eighteenth amendment it is inevitable that framework of functionality of HEC has to be reviewed and re-implemented. People deserved information based on a better evolution of the situation both by government, interest groups and media.
Education in Pakistan is a serious issue, it is traditionally been neglected by the governments and no serious consideration is given to education as opposed to other areas of administration and governance. What is most important for provinces is to establish a concrete policy of development of basic education, especially in Balochistan and Sindh. Provinces can help each other greatly and they can form committees and joint interest groups to not only facilitate devolution process but to gather valuable information from defunct federal education ministry. Similar approach is required in matter of higher education; in fact government of Khyber Pukhtunkwa has already formed a committee which will advise on the subject of devolution of HEC. This is constructive approach which should be adopted by all provinces and facilitated by federal government. With cooperation, trust and communication, ways can be find to manage and promote higher education in the country unanimously, HEC can be transformed in light of constitution and cooperation can be expanded between both public and private higher education institutes in all provinces with unified standards and quality control as this is usually the traditional way to manage higher education in many countries. With debate and agreement, laws can be amended to suit ground realities.
We must also not forget the fact that real challenge is to provide education to all citizens of Pakistan, and we need initiatives, cooperation and support in this regard on emergency basis.
SC challenges parliament, once again:
http://www.dailytimes.com.pk/default.asp?page=2011%5C04%5C12%5Cstory_12-4-2011_pg7_2
SC issues notice to AGP against HEC devolution
By Hasnaat Malik
ISLAMABAD: The Supreme Court on Monday issued a notice to the attorney general of Pakistan (AGP) to appear on Tuesday and assist it over the issue of devolution of the Higher Education Commission (HEC).
A three-judge bench, comprising Chief Justice of Pakistan (CJP) Iftikhar Muhammad Chaudhry, Justice Muhammad Sair Ali and Justice Ghulam Rabbani, while hearing constitutional petitions against the HEC’s devolution, also served notices on the Ministry of Education and Ministry of Inter-Provincial Coordination.
http://www.supremecourt.gov.pk/web/page.asp?id=677
”
SC FIXES THE CONSTITUTION PETITION AND
Dated: 9-April-2011
The Hon’ble Chief Justice of Pakistan Mr. Iftikhar Muhammad Chaudhry has been pleased to pass the following order on Constitution Petition (Professor G.A.Miana & another VS Federation of Pakistan through the M/o Law and Parliamentary Affairs, Islamabad & others) regarding the devolution of HEC that:-
“Put up this case in Court on 11.04.2011 before Bench No.1”.
The Constitution Petition has been filed by Mr. Arshad Ali Ch, AOR today i.e. 09.04.2011 and was drawn by Mr. Anwar Mansoor Khan,
Sr. ASC. The petition is regarding the devolution of Higher Education Commission wherein it has been prayed as under:-
i. To declare that the devolution of the functions and authorities to the Provinces and the ministries/departments/Divisions through notification No.F.3(26)/2010-IC-I dated 31st March 2011 or any other notification or order or directions or command or by any means to be unlawful and unconstitutional, void ab-initio and liable to be revered.
ii. To declare that the Higher Education Commission is liable to be allowed to function in terms and under the authority or ministry including the Respondent 1 to 3 have any right or authority to function in place of the Higher Education Commission.
iii. To declare that the action taken or done contrary to the Ordinance and the Constitution by the Respondents 1 to 3 are liable to be undone immediately.
Moreover, another application seeking Suo Moto action to save Higher Education Sector of Pakistan has been filed by Professor
Atta- ur- Rehman. After going through the contents of the application, the Hon’ble Chief Justice of Pakistan Mr. Iftikhar Muhammad Chaudhry has been pleased to pass following order, that:-
“As a Constitution Petition under Article 184(3) of the Constitution has been filed by Professor G.A.Miana & another VS Federation of Pakistan, therefore, this petition may also be registered under Article 184(3) of the Constitution and be clubbed with above case”.
“
http://www.dawn.com/2011/04/12/sc-orders-hec-to-keep-operating-until-amendment-in-law.html
“ISLAMABAD: Supreme Court on Tuesday ordered Higher Education Commission (HEC) to restore all its privileges and to keep operating until the amendment in the law prevails, DawnNews reported.
The court was hearing petitions against dissolution of the HEC.
The Attorney General, Maulvi Anwar-ul-Haq told the court that the commission still existed and with consultation from educational experts and vice chancellors a new law would be constituted for HEC.”
Viewed 12/04/2011
The issues of HEC have been underscored in a very negative manner by spear heads of society and media person. Devolution of HEC will take place in steps. While the caution to proceed step by step down the devolution path to ensure as little disruption as possible is well taken, the devolution thrust of the 18th Amendment must be seen as a historic turn for the country. Those predicting the death of ‘national unity’ because of the perceived threat from the provinces ‘going their own way’ in curriculum, etc, seems premature and exaggerated. In any case, this bemoaned ‘national unity’ has been a false, imposed one in our short history, one that attempted to steamroller over the historically evolved ethnic, linguistic and cultural identities in a multi-national state. No, Dr Atta-ur-Rahman, national integrity will not be “crushed” by devolution.
It is from another thread actually.
This is the link of original article on which debate started:
http://www.express.com.pk/epaper/PoPupwindow.aspx?newsID=1101216591&Issue=NP_LHE&Date=20110414
and my response:
“Yet another ‘intellectual’ was of opinion that because HEC has funds thats why it is lucrative for politicians. Hell with it; it is actually a matter of law and regulation, ministry of education is devolved so all that belongs to it has to …be handed over to provinces. Actually it is already getting solved, SC has directed government and Attorney General has agreed to take necessary steps to amend law so that HEC can function with a new constitution.
These conspiracy seekers are the real evils, they should suggest what alternates are there instead of creating doubts, they can sell but they can not construct neither any one who believes them.
Case of corruption, where there is no corruption in Pakistan? such opinion formers aren’t they corrupt as well? as they sell emotions, why not they give right information (if they have it) to people? what they want? whom they want? every debate in Pakistan ends on the sentence that politicians are corrupt, to hell with it, aren’t people corrupt themselves? where there is no corruption? any example? is there any sacred cow? politicians are from us, they are what we are, what alikes of Mr. Chaudhary are, if they are corrupt, come forward, push them away and take their place. What in the earth HEC is doing which can not be done by provinces? can not MR. Laghari or Mr. Atta can carry on running provincial HECs? is there no one in Khyber Pukhtoonkhawa who can not run local HEC? is every educated person in Baluchistan is dead? where the hell is common sense of people?
18th amendment was long term demand of provinces, it should be implemented, and all garbage should go to bin. Provinces can cooperate if they want, why not we start to trust each other? who is there which does not want this trust building in this nation? whose agenda such people are fulfilling?”
Response from a friend:
“Do u know what currently going on in sindh province… In Sindh bank around 99% hiring on ethnic basis. Education department is ruined.. police dept is using for personal purposes….. universities of interior sindh are only issuing degrees… .. karachi university also invloved in this practice… due to hec these universities has some control….. in the past civil and military beurocrats sent there children on scholarships … now after this political workers and on ethnic basis these scholarships will be allocated………..”