Govt aims to regulate higher education through typical bureaucracy
By Amjad Mehmood
Islamabad— This is a unique quality of governments in Pakistan to dig the pit of glitches for organizations and individuals who perform amicably. Perhaps ruling elites’ psyche circles around all odds to keep the efforts and energy engaged in making all rights into wrongs. Following the same spirit, the government is intended to amend the Higher Education Commission (HEC) Ordinance, 2002 by slashing all the powers of HEC to run its business through a federal secretary. The proposed amendments are a ‘recipe of disaster’ by surrendering the autonomy of a well-performing organization before the typical bureaucracy of Pakistan.
A candid review of the amendments’ draft reveals that Govt wants to introduce amendments to the existing Higher Education Commission Ordinance, 2002 in the name of improvement and promotion of higher education, research, and development while factually all proposals leading to empower the bureaucracy rather education, research, and development. The proposed changes suggest adding a clause (n) referring to word “Ministry” in Section 2 of HEC Ordinance 2002 where all definitions are noted for the inclusion of concerned ministry. This amendment (if implemented) would give legal rights to the Federal Ministry of Education & Professional Training to supersede the Commission’s authorities in its functioning.
The proposed amendment in Section 3 further suggests changes in controlling authority by delegating Primer Minister’s authority to Federal Minister for Education & Professional Training. Historically, Prime Ministers in Pakistan have shown some grace by avoiding direct intervention at the grass-root level in organization’s routine affairs however, since the ministers are politically obliged individuals, they frequently leave aside the sanity of affairs and put their interests before rules and regulations.
As per existing HEC Ordinance, the Chairperson under sub-section (1) has the status of Federal Minister whereas, the proposed amendments hinted change in this section without suggesting any status of Chairperson, HEC in the future. According to sub-section (1) of Section 6, the proposed amendments in the composition and constitution of the Commission suggest empowering Secretary, Ministry of Federal Education & Professional Training, Government of Pakistan (previously noted as Secretary Ministry of Education) by deleting the sub-clauses (c) and (d) where the role of Secretary, Information Technology and Telecommunications Division or Scientific and Technologic Research Division and four nominees of the provincial governments is being quashed through this change. Also, as per sub-clause (e) Commission’s members’ strength is suggested to lower from Ten (10) to Six (6).
In selection of members, the existing Ordinance which was previously amended by the PTI-led government in 2021, there was one slot for a Rector or Vice-Chancellor and Two slots for eminent individuals from the private sector to be selected in a prescribed manner are now suggested to be canceled through new proposed amendments. The amendments further suggest that the controlling authority (which Govt intends to delegate to concerned Minister or Secretary) would appoint six members considering their geographic and regional diversity in addition to the contribution to education with a mandatory selection of a woman. The amendments suggest repealing sub-section (4) of Section 6 of HEC Ordinance, 2002 where a due process of members’ appointment was prescribed through a panel of three person. By repealing this clause, Federal Minister or Secretary would be powerful enough to appoint HEC members.
The former Govt made amendments to HEC Ordinance in 2021 and reduced the Chairperson’s appointment tenure from Four (4) to Two (2) years and the current Govt suggested no change in the proposed amendments to restore the HEC Chairperson appointment for four years which was previously criticized ruling parties’ leaders being in opposition. Govt also intends to amend sub-section (6) of Section 6, where the Chairperson and members can be removed from office at any time on account of “Unsatisfactory Performance or Misconduct” which is not possible as per existing Ordinance unless proven guilty of corruption, inefficiency, permanent disability or failure to attend two consecutive meetings without prior information.
In case of the vacant slot for Chairperson or a member, the existing Ordinance bounds the controlling authority (Primer Minister) to appoint an acting Chairperson for a maximum period of three months whereas, the proposed amendments suggest that the controlling authority (now may be the Secretary) can fill vacant slot of Chairperson for a period of three months or till the appointment of a regular Chairperson and the acting Chairperson would be able to exercise all powers. This unlimited time relax may give free hand to run the apex body of higher education through adhocracy.
Regarding conduct of the Commission’s meeting as per sub-section (1) of Section 9 of HEC Ordinance 2002, the new amendments suggest that at least three members instead of six may call a meeting of Commission, five members would constitute a quorum instead of nine and most significantly controlling authority would get the power to rescind a decision in case of Commission fails to provide justified grounds while as per existing Ordinance, the controlling authority may refer the decision to Commission for reconsideration. Post approval of proposed amendments, practically HEC decisions made in its meetings after deliberation and review of factual circumstances would be depended on the ‘best wisdom’ of a person who otherwise may have no understanding of higher education dynamics.
The further proposed amendments in sub-section (1) of Section 10 of HEC Ordinance, 2002 which deals with the power and functions of Commission suggest multiple changes including the most important segment of HEC funding through federal government for higher education in Pakistan. The proposed amendment would bind the Commission to prepare plans for development of higher education in consultation with the Ministry of Federal Education & Professional Training. HEC would require to submit the budgetary demands for recurring and development purposes of public sector institutions to the federal government through ministry of education. These proposed changes in Ordinance are direct attempt to cut the HEC autonomy and to empower the education ministry in curriculum development, monitoring of higher education quality, establishment of councils, evaluation of HEIs performance, funding for research and development, establishment and awarding charters to new institutions, etc., The ministry would also be able to issue instructions and guidelines to HEC to simply obey as a subordinate organization.
Most importantly to curtail the HEC authority, Govt suggests addition of a new Section which is not part of the existing HEC Ordinance 2002 by empowering ministry to issue policy directions as binding for the Commission to implement. Also, the ministry would be able to assign measurable performance targets to HEC for achievement and HEC would be required to submit its annual performance report to the ministry.
The former government through HEC Ordinance IX of 2021 introduced amendment in the process of appointment of an Executive Director (ED) where Commission was previously empowered to appoint an ED on the recommendation of Ministry of Federal Education. There were dedicated responsibilities of ED as head of the Secretariat of Commission for implementation of order, decisions, directives, and policies. The new proposed amendments in sub-section (1) of Section 11 empower the government to appoint an ED in consultation with Commission without mentioning the categorical role of this appointment.
New amendments in the HEC Ordinance, 2002 in sub-section (1) of Section 12 suggest curtailing the Commission’s authority in appointments of officers, servants, consultants, and advisers to run the operations including the mandate to make rules for recruitment of employees. If the suggested changes are implemented then HEC would require to seek the ministry’s approval for hiring staff and making recruitment rules. The government also proposed an amendment in sub-section (3) of Section 14 where the federal government intends to add the role of Auditor General of Pakistan instead of Controller General of Accounts to review and audit the Commission’s accounts and financial reports. According to existing HEC Ordinance, 2002 the Commission was empowered through Section 21 to make rules with prior approval of the controlling authority (Prime Minister) which is now suggested to seek prior approval from the concerned ministry.
Earlier in December 2022 at the 3rd Rectors’ conference of private sector universities of Pakistan, the participant unanimously opposed the amendments suggested to introduce in HEC Ordinance 2002 and termed these as a direct attack on the HEC to work with freedom and clear mandate as a regulatory body of higher education in the country. Senator Irfan Siddique of the ruling party PML (N) while addressing in Rectors’ conference stated that organizations like HEC are products of continuous efforts and get maturity in functioning over the years. He vowed to share the concerns of the academic community with government on proposed amendments. He also suggested to government to refrain from surrendering the HEC autonomy before bureaucracy. The ministry of education’s performance through bureaucratic control can be easily gauged with the condition of education in schools and colleges across Pakistan.
This is not clear so far whether these amendments are a product of the ‘collective wisdom’ of the government or being proposed by the concerned minister and his team of bureaucrats. In the presence of PML (N) leaders in cabinet like Ahsan Iqbal, Khawaja SaadRafique, and other like-minded such proposals may be binned without a second thought which are designed only to empower a minister and bureaucracy rather than higher education. HEC over the years introduced some good steps in regulating higher education in Pakistan therefore, Pakistani degrees are recognized and accepted in the world as legal qualifications. Unnecessarily, Govt is going to compromise the HEC autonomy with a shabby mandate to deliver its services to Pakistan.
