Law: Constitution of Pakistan, 1973

Section: 4,25

Law: Higher Education Commission Ordinance, 2002

Section: 10(1)(c) & (q)

Summary:

The petitioners, Assistant Professors at NED University Karachi and members of the All Pakistan University BPS Teachers Association (APUBTA), have filed a petition against the Higher Education Commission (HEC) alleging unconstitutional and arbitrary actions due to HEC's failure to implement a promotion policy for Basic Pay Scale (BPS) teachers since 2002. Despite federal directives and an agreement on March 10, 2022, the HEC did not finalize or enforce a promotion statute, depriving BPS teachers of their promotion rights while less experienced Tenure Track System (TTS) faculty have been promoted. The petitioners seek a court declaration of these actions as unconstitutional and an order compelling HEC to fulfill its legal duties.

The respondents, represented by HEC counsel, argue the petition is not maintainable, stating the HEC’s role is limited to setting minimum standards for appointments/promotions, with individual universities adopting these. They claim BPS and TTS are distinct systems—the latter being performance-based with market salaries and more rigorous criteria. The HEC has a committee deliberating proposals to address BPS faculty grievances, and BPS faculty can apply under TTS if eligible. The court found HEC’s proposal reasonable and directed HEC to resolve the matter lawfully within three months after hearing the petitioners. The petition was disposed of on these terms.

Core Points:

Petitioners are BPS teachers claiming denial of promotions since 2002, despite federal directives and HEC agreements.