Karachi: Pasban Democratic Party (PDP) lawyer filed objection/ reply on behalf of the petitioner to the para-wise comments filed by the respondents in Sindh High Court (SHC) here Tuesday regarding their constitutional petition (D-2009/2018) challenging Sindh Universities Amendment Bill 2018 in the bench comprising Justice Muhammad Ali Mazhar and Justice Yusuf Saeed.
Pasban Democratic Party (PDP) lawyer Irfan Aziz maintained that the respondents have not given any documentary evidence of proceedings of the Sindh Assembly. He said the act of respondents was meant to malafidely and deliberately destroy the education of whole Sindh, particularly in urban area and make the educated young generation as disable and dependant and remain illiterate and deprive them from the superior jobs and their own livelihood. This whole scheme is tantamount to kill the young generation of Pakistan and Sindh.
In his reply, PDP lawyer said after the ruining Boards of Secondary and Higher Secondary Education, now the Sindh Government under the garb of 18th Amendment targeted the professional higher education by passing the disputed illegal act, which is ultra vires the law as well as the Constitution. He said Chief Minister is a political figure and is inducting unprofessional and blue-eyed staff in the Board of Governors of the Universities of Sindh. He said that the Constitution does not give permission to snatch the functions of Governor through legislation. Article 105 of the Constitution envisages that Governor will act on its function upon the advice of Chief Minister or cabinet. He said that in all other provinces of Pakistan, except Sindh, Governor is the Chancellor of the government-run Universities, being representative of the State and impartial and non-political. He said in Sindh, Articles 25 and 25-A have been ruined as respondents will pick and chose their blue eyed for professional and higher education.
He said that the impugned Act is ultra vires the Principles of Policies. The impugned Act is also 3 against the Article 25-A of the Constitution as it is depriving the general students from getting Higher Education as the Quota System is also implemented in Education as well, as they have implemented the quota system in government jobs which is against the fundamental rights guaranteed in the Constitution.
The PDP maintained that the Constitution mandates the State and Government to provide free education to the citizens of Pakistan but the respondents have captured education in monetary restraints. He said that the Governor had dissented from the bill with objections which was not removed and presented again for assent but the Governor again dissented with objection but the Provincial Assembly without fulfilling the quorum, without voting and without fulfilling the requirement of the Assembly passed the impugned Act which is without jurisdiction.
He said that the respondents have failed to provide any documentary evidence and reasons and failed to give para-wise reply which amounts to admission. The respondents did not highlight their intention for the legislation of the impugned Act neither they have shown any welfare or facility provided to the students through the impugned Act.
The lawyer maintained that Chief Minister being the head of the government departments is not a symbol of State and impartiality, the Chief Minister is the political figure which can negatively influence in the system of education of the Universities by his liking and disliking. The Chief Minister also inducts bureaucrats and other government officials in the Board of Universities which will also create hurdles in the smooth running of the education system. He said the respondents have concealed their illegalities by not giving any reason and documentary evidence with regard to the fulfillment of the quorum and procedures, rules and proceedings of 6 the Assembly, which also tantamount to an admission by the Respondents. He prayed that the objections/reply, the comments submitted by the respondents merit no consideration and liable to be ignored and consequently the petition filed by the petitioner may be allowed as prayed.
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