LETTER | 4A Committee appointment cannot just be revoked

LETTER | On Aug 12, the High Court of Kuala Lumpur quashed the decision of the Higher Education Minister Noraini Ahmad to revoke the appointment of Pergerakan Tenaga Akademik Malaysia (Gerak) executive committee member Andrew Aeria, from the ministry’s Permanent Selection Committee for the Appointment of Public University Vice-Chancellors established under Section 4A of the Universities and University Colleges Act 1971 (“the 4A Committee”).

Aeria filed a judicial review that challenged the summary termination of his appointment from the committee in April 2020.

In allowing the judicial review challenge, the High Court granted an order of certiorari to quash the decision of the minister in terminating Aeria's appointment from the 4A Committee, and declared that Aeria had been unlawfully terminated from the 4A Committee.

The High Court Judge also made declarations that:

1. The decision of the higher education minister was invalid in law and/or an unreasonable exercise of power in the Wednesbury sense;
2. The decision of the minister was procedurally improper and/or in breach of natural justice as Aeria was not afforded an opportunity to be heard before the termination; and
3. That the decision of the minister was ultra vires Section 4A of the Universities and University Colleges Act 1971 (‘the Act’);

The High Court clarified that the pronouncement also means that Aeria continued to be a member of the 4A Committee from the date of his appointment on Oct 1, 2018, until the date of the High Court order, Aug 12 this year. 

Further, the High Court awarded costs to Aeria with an order for damages to be assessed for the unlawful termination of his appointment as a member of the 4A Committee.

Gerak welcomes this landmark decision for two reasons.

Firstly, it sets an important precedent limiting the powers of the higher education minister under the Act.

Secondly, it underscores the critical importance of Section 4A which mandates the minister to consult and be guided by the decisions of the 4A Committee.

As the 30-day appeal period for the case had lapsed, Gerak welcomes the attorney-general's decision to not appeal this judgement.

Aeria was represented by lawyers Gregory Das and Ilyssa Jace Chakrabarty.

The above is issued by the Pergerakan Tenaga Akademik Malaysia (Gerak) exco.

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