In a letter written to the Ministry of Education and Training secretary, it states that the HEC Ordinance 2002 empowers the commission to make rules for recruitment of its employees, without mandatory provision that these are to be approved by the controlling authority.
"Section 21 of the HEC Ordinance 2002 empowers the commission to make rules...since the word 'may' has been used and the section empowers the commission to make rules for carrying out the purposes this ordinance, hence it was interpreted that the section is independent in its nature," the letter said.
It was also mentioned in the letter that despite no legal requirement, the summary of rules was sent to the controlling authority for approval in 2009. But the record showed that no such approval was given by the prime minister. The letter pointed out that there is no exemption available to the HEC from the procedure laid down by the federal government for employment in MP-scales. However, there is no bar for the HEC to adopt its own procedure in view of the autonomous status granted to it by the ordinance.
Regarding reasons and rationale of formulating HEC Selection Board, the letter stated the Cabinet Secretariat, Establishment Division and the government on August 16, 2012, conceded, "Under the HEC Rules, the HEC Commission is competent forum to approve constitution of the Selection Board." It said the executive director and member (O&P) are ex-officio members of the HEC Selection Board defined in Schedule-IV to the HEC Employees (Recruitment) Rules 2009 and in principle,; executive director should not be involved in the selection process, if competing for the position.
Similarly, member (O&P) is an officer lower in rank to the office of executive director and therefore, should not be involved in the selection process. Accordingly, it said, the commission considered it essential and constituted the Selection Board for interviewing the candidates for the post of the HEC executive director.
It further said during an emergent meeting of the commission held on December 21 in view of the Supreme Court order of December 17 to continue the process for recruitment/appointment of the executive director within a period of 30 days, the selection board as constituted in the commission meeting held on May 3, 2012, was upheld.