PESHAWAR: The Peshawar High Court has issued a stay order, temporarily suspending action on a notification for removing chairman of the board of governors Prof Mohammad Hafizullah and members of Peshawar Institute of Cardiology (PIC), by the chairman of Medical Teaching Institutions (MTI) Policy Board.

A bench consisting of Justice Ijaz Anwar and Justice Syed Arshad Ali declared that the impugned order issued by the chairman of the MTI Policy Board (MTIPB), Dr Nausherwan Burki, on Oct 17, 2024, would remain suspended to the extent of the BoG of the PIC-MTI.

It issued the order over a petition of Dr Hafizullah, seeking multiple reliefs.

The bench directed the government and other respondents to file their response to the petition.

PHC asks govt to file response to petition

The petitioner requested the court to strike down the appointment of Dr Asif Loya as the chairperson of the PIC BoG through a ‘back-dated’ notification on June 20, 2024, as illegal.

He said his termination as the board chairman and member before the completion of a three-year term should be declared a violation of the law and the two notifications issued by the chairman of the MTIPB on Oct 12 and Oct 17 as unlawful.

The petitioner also said that the provision of the Khyber Pakhtunkhwa MTI Reforms Act, 2015, which declared that an MTI member should hold that office at the pleasure of the chief minister, should be struck down.

Barrister Babar Shehzad Imran appeared for the petitioner and said that his client was an accomplished professor and noted cardiologist, who had published many books and hundreds of scientific articles as well.

He added that in July 2023, the petitioner was recommended by the MTI Search and Nomination Council as the member of the PIC BoG and he was later appointed a member and chairman to the MTI.

The lawyer pointed out that in the middle of 2024, constitutional petitions were adjudicated by the high court regarding the removal of some MTI board members.

He added that the court categorised the petitioners as those appointed by previous elected government and removed by the caretakers, those appointed by the caretakers and removed by the present elected government and those appointed by the previous elected government and removed by the present government.

Mr Babar said in light of an Oct 8 high court judgement, a notification was issued by the MTIPB chairman on Oct 12, 2024, asking BoG members to serve in their respective positions.

He added that five days later, another notification was issued by the MTIPB chairman directing all BoG members, appointed by the caretaker government, to immediately relinquish their duties regarding MTI boards.

The lawyer pointed out that a back-dated notification was issued on June 20, 2024, to appoint Dr Asif Loya as the chairman of the PIC board.

He also challenged the veracity of the notification, insisting that it was never made public though all other chairmen were notified at that time.

Mr Babar argued that the MTIPB chairman misused and overstepped his powers assigned under the MTIRA by issuing the impugned notification.

Published in Dawn, November 24th, 2024