Lahore High Court Suspends HEC Order, Questions Commission's Power Over University Employment Matters

The Lahore High Court has suspended an order issued by the Higher Education Commission (HEC), observing that the regulator does not appear to hold the legal authority to decide employment and service matters of faculty and staff at chartered universities in Pakistan.

Justice Jawad Hassan issued the interim order on Tuesday while hearing a petition filed by a private university that challenged the HEC's intervention in its internal affairs. The institution was established under the Times University Multan Act, 2020, and its employment matters are governed by the Employees Service Regulations, 2022.

Advocate Muhammad Ali Siddiqui, representing the university, told the court that Section 10 of the Higher Education Commission Ordinance, 2002 allows the HEC to evaluate, improve and promote higher education and research through policies and guidelines. However, he argued that the law does not permit the commission to interfere in the internal administration or employment affairs of chartered universities.

The counsel further stated that the disputed order had been issued by the HEC in line with directions given in an earlier writ petition, and that such directions cannot expand the commission's powers beyond those granted by statute. After reviewing the arguments, Justice Hassan suspended the HEC order, noting that the university's contention regarding the regulator exceeding its legal authority carried significant weight.

The court admitted the petition for a regular hearing and issued notices to the respondents for December 10. It directed the law officer to seek instructions and ensure that the respondents file a report along with paragraph-wise comments within four weeks. A senior HEC official familiar with the case has also been ordered to appear at the next hearing to explain the commission's position.

The ruling is likely to draw attention from private and chartered universities across the country, which have frequently questioned the scope of the HEC's oversight in administrative and staffing decisions. The case is expected to clarify the boundary between the regulator's mandate to improve higher education standards and the autonomy granted to universities under their own charters.