ISLAMABAD: The Ministry of National Health Services (NHS) has challenged the legality of identical petitions filed against the dissolution of the Pakistan Medical and Dental Council (PMDC) and formation of the Pakistan Medical Commission (PMC), arguing that this matter could not be challenged in the superior courts since it is pending before parliament.

The ministry submitted its reply before the Islamabad High Court (IHC) in response to petitions filed against the promulgation of an ordinance that replaced the PMDC with the PMC.

It said that the PMC Ordinance 2019, promulgated by the president on Oct 21, had repealed the PMDC Ordinance 1962 and the PMDC was dissolved as a consequence.

The petitioners, being employees of the erstwhile PMDC, have since been terminated by the operation of law with compensation and therefore have no locus standi, the ministry said, adding: “Pakistan Medical Commission Ordinance 2019, has been tabled before parliament, passed by the National Assembly and is in essence under discussion in parliamentary proceedings, it enjoys a privilege under Constitution of Pakistan.”

Identical petitions filed in IHC against dissolution of PMDC, formation of PMC

According to the respondents, which include the NHS ministry and the PMC, “institutional reforms have been introduced by dividing the working of commission into three categories (i) Pakistan Medical and Dental Council (ii) National Medical and Dental Academic Board, (iii) National Medical Authority” through the promulgation of the ordinance.

It said the ordinance was promulgated in the greater interest of the stakeholders and provided for the restricting and reorganisation of the regulatory body pertaining to and dealing with regulations and control of the medical profession.

In compliance with court orders, the PMC on Dec 5, produced the details of six months’ salaries disbursed among the sacked PMDC employees.

The PMC revealed that the PMDC’s 222 employees were drawing more than Rs34 million in monthly salaries altogether.

An employee who had been made officer on special duty and had not been working was being paid Rs590,000 a month for five years. Meanwhile, a private secretary was being paid Rs600,000 and drivers and peons were paid between Rs120,000 and Rs148,000 a month – higher than the salary of a gazetted officer.

In response to court directions regarding the clearance of outstanding dues of the former employees, the PMC told the IHC that issues regarding salaries had been resolved.

The counsel for the commission, advocate Saad Khan, submitted documents related to PMDC employees’ salaries.

According to these documents, the basic salaries of all 222 employees came to Rs10.4m, and they received another Rs20.1m in allowances. Under the ordinance that dissolved the PMDC, the sacked employees could receive six months’ pay.

The PMC told the court that Rs46.1m is outstanding against 37 former PMDC employees, which they had drawn underhome and car financing and miscellaneous loans.

The petitioners have contended that although the PMDC can be dissolved through an act of parliament, the president, vice president and executive committee of the council should stay intact until new officials are elected, which are to be held within a year.

The federal government is also authorised to appoint an officer not below grade 20 as an administrator to head the executive committee. The administrator and executive committee are to exercise the council’s powers until a new council is constituted, the petition said.

It added that the Supreme Court set criteria for the promulgation of an ordinance in 2018, which has also been followed in this case.

“The Senate of Pakistan on August 29, 2019 after due deliberation on the provisions of the ordinance and voting […] disapproved the Pakistan Medical and Dental Council Ordinance 2019,” the petition said, adding that the president has now promulgated provisions identical to the PMDC Ordinance 2019.

It went on to state that PMDC employees were dismissed without being given an opportunity for hearing. It expressed apprehensions that the PMC may now hire new employees against sanctioned and contractual positions through other modes after issuing advertisements that would jeopardise the vested rights to serve former PMDC employees.

The petition asked the court to declare the PMC Ordinance unconstitutional and allow former PMDC employees to continue working in the new commission.

The petitions were taken up on Tuesday by IHC Justice Mohsin Akhtar. As the Ministry of Law and Justice has yet to file a reply, the court has given the ministry a final opportunity to submit written comments and adjourned the hearing until tomorrow (Friday).

Published in Dawn, December 26th, 2019