PHC finally decides dissolution issue of Post-Graduate Medical Institute

PESHAWAR: The Peshawar High Court (PHC) has decided the issue of devolving the Post-Graduate Medical Institute (PGMI) and given 30 days to the provincial government to frame rules for the purpose under the Medical Teaching Institute (MTI) Reforms Act, 2015.

However, the high court set aside the provincial government orders and notifications issued on January 26-27 last year for devolving the PGMI and de-notifying the dean of the PGMI.The bench observed that the executive order was against the MTI Act and the government should not pass such orders. It said the government should frame rules under the law for devolving PGMI to Medical Teaching Institutions in the province.

Following the court's ruling, the PGMI's old position and its dean were restored and the actions taken to devolve the PGMI to Medical Teaching Institutions (MTI) were declared unlawful.The provincial government is now bound to frame rules for devolving the PGMI to MTIs of the province under the MTI Reforms Act, 2015.

A division bench comprising Chief Justice Yahya Afridi and Justice Ikramullah Khan passed the verdict in writ petitions filed by Pakistan Medical Association through its provincial president Dr Hussain Ahmad Haroon, Dean PGMI Dr Riaz Anwar and PGMI Staff Association after hearing all the parties including the advocate general Khyber Pakhtunkhwa.

"The grievance of the petitioners is that PGMI has been given legal sanction under sub-section 8 of section 9 of MTI Reforms Act, 2015, which has been violated by the respondent departments through the letters/orders issued on 26-01-2015 and 27-01-2015," the order stated.The order stated that the respondents were put to notice and during hearing the advocate general Khyber Pakhtunkhwa submitted before the court that the government has undertaken the streamlining of the working of PGMI as envisaged under sub-section 8 of section 9 of the KP MTI Reforms Act, 2015.It said there was a typography error in the letter of January 27, 2016 where the word 'devolve' was wrongly mentioned as dissolved for PGMI.

The court stated in the order that sub-section 8 of section 9 of the act stated that "After the commencement of this Act, working of PGMI shall be streamlined under the rules." "Without passing any findings on the so-called streamlining of the working of PGMI as reflected by the letters/notifications issued on January 26-27, suffice it to state that the action of the government warrants correction, as the same is beyond the clear mandate of the law within the contemplation of sub-section 8 of section 9 read with section 23 of the Act," the order stated.

The court said that the impugned orders regarding devolving the PGMI and de-notifying dean of PGMI were set aside and the government may, if it still deemed appropriate, proceed with the streamlining of the working of PGMI in accordance with the provisions in section 9(8) and section 23 of the Act.

Mian Mohibullah Kakakhel and Saifullah Muhib appearing for the petitioners said it was clearly mentioned in the Khyber Pakhtunkhwa Medical Institutions Reforms Act 2015 that PGMI would be streamlined but the provincial government dissolved it through an executive order and created PGMIs in all medical teaching institutions.

They insisted that the executive order was illegal and unconstitutional and would affect an institute created by the government for the purpose of providing education to postgraduate students and doctors.The lawyers added that the PGMI had international repute and had recently made an agreement with the Combined Military Hospital to provide education to its doctors.The petitioners claimed the PGMI was the only institute in the province that provided postgraduate education to doctors, including four-year FCPS and various diplomas and degrees for which the Khyber Medical University (KMU) was the degree-awarding body.

They said the MTI Act 2015 had ensured the existence and progress of the PGMI and made it clear that the PGMI's degrees should be awarded by the KMU.The petitioners said the PGMI was the governing body of doctors at all levels, including graduation, post-graduation and foreign qualification.