Peshawar
Declaration of KMU Employee Association on Feasibility and Legal Implications of New Medical Universities in Khyber Pakhtunkhwa by Chief Minister Khyber Pakhtunkhwa.
In response to the recent announcement by the Interim Chief Minister of Khyber Pakhtunkhwa regarding the establishment of new public sector medical universities, the KMU Employee Association has voiced concerns about the practicality and legality of this decision under the current governance conditions. The association anticipates potential legal challenges from employees and students and calls for a careful consideration of the implications.
As per the Higher Education Commission Islamabad Ordinance 2002, the KMU Employee Association highlights that the process of establishing a university is well-defined, involving legal formalities, resource assessment, academic requirements, and a comprehensive feasibility report. The current procedure, as observed by the association, appears to deviate from this established practice, potentially violating constitutional and legal frameworks.
The KMU Employee Association emphasizes the constitutional requirement for the involvement of the elected government in the establishment of a provincial chartered university. Given the interim government’s mandate to oversee free and fair elections, decisions such as passing ordinances should be meticulously considered in accordance with the law of the land.
Concerns are raised about potential violations of the Medical Teaching Institutes ACT (Amended) 2018, which mandates appropriate channels for processing recommendations by the respective Board of Governors. Any deviation from this process calls into question the legitimacy of decision-making.
Additionally, the association notes a recent notification by the Election Commission of Pakistan imposing restrictions on the interim government, including a ban on project announcements. If the establishment of new universities is deemed a development project, it may be in violation of these guidelines.
The KMU Employee Association emphasizes the importance of adhering to the essential requirements specified by the Higher Education Commission, covering legal entity registration, physical resources, governance, personnel, and financial considerations. Deviations from these conditions may cast doubt on the legality of the decision.
