ISLAMABAD: Justice Mohsin Akhtar Kayani of the Islamabad High Court (IHC) on Wednesday declared appointments of all members of the Pakistan Medical Commission (PMC), including its president, illegal.

He, however, set aside the petition against Pakistan Medical Commission Act, 2020 and directed the government to make appointments strictly in accordance with law.

As a consequence, PMC President Dr Arshad Taqi, Vice President Mohammad Ali Raza, members Rashana Zafar, Tariq Ahmed Khan, Dr Rumina Hassan, Dr Asif Loya and Dr Anisur Rehman have been shown the door.

As per background of the case, the legislature passed the Pakistan Medical Commission Act, 2020 on Sept 23, 2020 and after two days of passing of the Act, the prime minister, vide notification issued on Sept 25, 2020 appointed the members of the council without following the procedure or selection criteria despite the fact the appointments of such members had already been declared illegal by the IHC in its earlier round of proceedings.

Sets aside petition against PMC Act; directs govt to notify officers of relevant ministry to deal with day-to-day affairs of PMC till appointment of new members

Counsel for petitioners contended that the IHC had earlier declared the appointments of certain members of the erstwhile Pakistan Medical and Dental Council (PMDC) illegal.

It further directed the competent authority to appoint the members on merit after advertising posts in media.

But in clear defiance of the direction, the competent authority, vide impugned notification, again appointed the same seven members of the Pakistan Medical and Dental Council without following the selection criteria, per se, such appointments also depict ‘conflict of interest’.

The assistant attorney general, representing the federal government, stated that Medical Tribunal Act, 2020 has been promulgated with prescribed function to provide the setting up of special judicial tribunal to efficiently and expeditiously hear and decide the disputes arising out of the matters pertaining to the medical and health sector.

The petitioners can approach the relevant specialised forum under the said Act of 2020.

Justice Kayani after hearing the arguments of the PMC’s counsel, petitioners and the federal government representatives concluded: “In view of the above discussion, this court comes to an irresistible conclusion that the appointments of [above mentioned] respondents No 3 to 9 is illegal, are contrary to the settled principles of law, transparency and against the public interest.”

The court, however, observed that PMC’s employees “have no right to challenge the legislative intent of the parliament in the PMC Act, 2020”.

“Through the act the parliament has settled the terms and conditions of the employment of all the employees of erstwhile PMDC or PMC in terms of Section 49 read with Section 8(2)(a) of the PMC Act, 2020.

“They have been given protection by using a phrase “deeming” for a limited purposes and similarly, by extending the concept of compulsory golden handshake scheme while considering the rights of all the employees”

The court order stated: “The golden handshake scheme or voluntary severance scheme is the policy decision and legislative intent of the federal government, which has been included in the statute, wherafter the scheme has been introduced, which is not adverse to the rights of petitioners.”

It further stated: “The petitioners or employees of erstwhile PMDC or PMC have no vested right in any manner to claim for continuation of their service till age of superannuation.”

Declaring the appointments of PMC’s president and members illegal, the court directed that “Till appointment of new members on these positions, the federal government shall notify the officers of the relevant ministry to deal with the day to day affairs of PMC.”

Published in Dawn, April 14th, 2022