PHC dismisses petitions against Medical Institutions Reforms Act

PESHAWAR: The Peshawar High Court (PHC) has dismissed writ petitions challenging the validity and constitutionality of the Medical Institutions Reforms Act and different steps taken under it including establishment of board of governors for the teaching hospitals of the province.

However, the PHC gave certain directions in some petitions to the Khyber Pakhtunkhwa government, including amendment in the Act for creation of the post of director of paramedical staff of the institutions.

A division bench headed by PHC Chief Justice Mazhar Alam Miankhel announced the verdict that was reserved by a five-member larger bench on December 7.

The bench included Justice Nisar Hussain, Justice Irshad Qaisar, Justice Syed Afsar Shah and Justice Mohammad Younas Taheem.

“The impugned act, an enactment of competent legislature, is hereby declared as intra-vires of the constitution and all the writ petitions to the extent of challenging the validity and constitutionality of the impugned act are dismissed,” the short decision stated.

It was also stated that the petitioner, former medical superintendent of Ayub Medical College Dr Iftikhar Ahmad shall be adjusted in the institution at the post equivalent to his qualification if already not assigned any post.

The PHC directed that the KP government shall suitably amend the legislation in light of the observations made in the judgment and frame corresponding rules to maintain strict discipline in the institutions mainly focusing on provision of timely and effective services to the public.

The court directed the government that the law shall also be suitably amended by framing corresponding rules to break the cartel of doctors and pharmaceutical companies.

“The respondents cannot enter into agreement with the employees of the MTIs at the cost of public at large, frustrating the very spirit of MTIs Reforms Act, 2015,” the verdict stated.

The petitioners included the Teachers Association of the Khyber Medical College, Pakistan Medical Association through provincial president Dr Hussain Ahmad Haroon, All Pakistan Paramedics Association, former medical superintendent of Ayub Teaching Hospital Dr Iftikhar Ahmad, and some nurses and paramedics of MTIs.

Under the impugned Act passed by the provincial assembly in January 2015, the provincial government has so far declared four public sector hospitals as MTIs.

These are Lady Reading Hospital Peshawar, Hayatabad Medical Complex Peshawar, Khyber Teaching Hospital Peshawar and Ayub Teaching Hospital Abbottabad.

Shumail Ahmad Butt, lawyer for the Pakistan Paramedics Association, had argued that under the Constitution of Pakistan it was a federal subject to legislate on research and higher education. He argued that the rights already available to those employees of the MTIs who were civil servants and had not adsorbed their services in the institution were safeguarded under article 264 of the Constitution.

The lawyer said an amendment was made to the MTIRA providing for establishment of a surplus pool of employees. He added that earlier a notification was issued by the provincial government for setting up of the surplus pool where those employees would be sent who did not opt for absorption in the MTI.

He noted that while the said notification was subsequently withdrawn, a provision had still been available in the impugned Act for the surplus pool of employees. He said wide-ranging powers had been assigned to the board of governors of MTIs.

The lawyer said that since 1999 experiments had been done in the health sector in Khyber Pakhtunkhwa in the name of health reforms. He said the successive governments brought forward their favourite doctors for conducting such experiments.

He said that while incentives had been announced for doctors under the new system, no such incentives were announced for paramedics totalling around 18,000 and serving at the MTIs.

Lawyer for MTIs Arshad Ali said the rights of civil servants were fully protected under the Act and the petitioners had approached the court on the basis of apprehensions.

He stated that health was a provincial subject and the provincial legislature was fully competent to legislate in this regard.

During the course of proceedings, the bench put several queries regarding the simultaneous functioning of the out-patient department (OPD) and the institutional private practice (IPP).