SC reconstitutes 11-member PMDC

The Supreme Court reconstituted 11-member Pakistan Medical and Dental Council (PMDC), which will be presided over by former Justice Ejaz Afzal.

The apex court set aside the Islamabad High Court (IHC) order dated April 07, 2020 to open the PMDC office for the ex-registrar, and said that the contempt petition pending before the IHC shall also stand dismissed.

A three-judge bench, headed by Chief Justice Gulzar Ahmed, on Friday announced the order on the petitions of Tanveer Ahmed Qureshi, secretary Ministry of National Health Services, Regulations and Coordination, and the federal government.

The bench had reserved the order on April 15.

The PMDC headed by former Justice Ejaz Afzal Khan, include Attorney General for Pakistan or his nominee, federal secretary Health, Islamabad, Surgeon General of Pakistan Armed Forces, vice chancellor National University of Medical Sciences, vice chancellor University of Health Sciences, Lahore, vice chancellor Jinnah Sindh Medical University, Karachi, vice chancellor, Khyber Medical University, Peshawar, vice chancellor Bolan University of Medical and Health Sciences, Quetta, vice chancellor, Shaheed Zulfiqar Ali Bhutto Medical University, Islamabad, and principal De'Montmorency College of Dentistry, Lahore.

The council shall meet as soon as possible.

The Attorney General's Office shall with prior approval of president of the council intimate the date of its first meeting to all concerned.

The president shall in consultation with the council appoint a registrar of the council.

The order said that Brig (retired) Dr Hafizuddin Ahmed Siddiqui, former registrar PMDC, shall hand over all existing record of the PMDC to the authorised representative of secretary Health.

The said secretary shall provide full assistance in convening and holding of meetings of the council.

All functionaries of the PMDC who may be in possession/custody of any record of PMDC shall also handover all relevant records to the authorised representatives of the concerned ministry or a person nominated by the chairman of the commission.

The petitioners have challenged an order of the IHC directing the federation to allow the Brig (retired) Dr Hafizuddin to assume control of the PMDC and taking immediate steps for compliance on a contempt petition filed by him.

Attorney General for Pakistan Khalid Jawed Khan in the last hearing had submitted that the IHC passed an order for reopening the PMDC office and allowing the registrar to work despite the fact that an application moved by the federation pointing out that the respondent no 1 (Dr Hafizuddin) cannot be treated as an incumbent in the office of registrar PMDC owing to the fact that the very law, under which the appointment has been made, has already been repealed, is pending before the IHC.

He further points out that in the light of "Zahid Waheed Khan v. Crystal Chemical Limited", despite ex-facie illegal order, the same cannot be challenged in an intra court appeal before the IHC, as the same is not a final order.

He further submits that unless the apex court interferes in the interest of justice and in exercise of its powers under Article 187 of the Constitution, multiplicity of litigation would ensue in addition to serious legal complications need to be addressed on urgent basis owing to the importance of the PMDC and its work as a regulator, which has come to a standstill on account of recent rounds of litigation.

The IHC on February 11, 2020 in writ petition had set aside the Pakistan Medical Commission Ordinance, 2019 and directed the ad-hoc council constituted by the Supreme Court on January 21, 2018 to perform the functions and run the affairs of the PMDC in accordance with the law.

The apex court had constituted 11-member ad-hoc PMDC headed by Justice (retired) Mian Shakirullah Jan, former judge of the Supreme Court.

The order said that the ad-hoc council constituted by this court ceased to exist after promulgation of the PMDC Ordinance, 2019.

The AGP had submitted that in view of the judgment of the IHC the council needs to be reconstituted for various reasons.

Therefore, the apex court reconstituted the PMDC.