Medical Teaching Institutions Act is a strange law, observes PHC judge

PESHAWAR: The Peshawar High Court (PHC) on Tuesday termed the Pakistan Tehreek-e-Insaf government’s Medical Teaching Institutions Reforms Act as a “strange law” through which senior doctors were removed as head of the departments at the teaching hospitals and junior ones replaced them.

“The teaching hospitals of the province are being deprived of the best and qualified senior doctors under the MTI Act. Majority of senior doctors have resigned and stopped services due to the MTI law and replacement by junior doctors,” Justice Qaiser Rashid Khan observed while hearing a writ petition filed by Dr Prof Muhammad Jehangir, Medical Director MTI Nowshera. “What the government is doing? Whether it is facilitating the public or increasing their problems,” Justice Qaiser Rashid Khan asked the additional advocate general who was representing the provincial government in the case. However, the court directed Khyber Pakhtunkhwa secretary Health to appear in person before the court today and brief it about the uncertain situation created in the teaching hospitals of the province after the MTI law.

Additional Secretary Health, Nadir Khan appeared before the court. He informed the bench that secretary Health did not appear before the court as he was in a meeting. The court fixed the case until today.

Qazi Jawad Ihsanullah, counsel for the petitioner, submitted before the bench that on March 21, 2019, the petitioner was appointed as medical director for a period of five years at the MTI Nowshera.

In the meantime, he contended that differences developed between the chairman and members of the Board of Governor (BoG) MTI Nowshera. He said the new chairman of the BoG removed the petitioner from the post.

However, he submitted that as per the appointment letter, it was clearly mentioned that the appointment would be cancelled if the petitioner resigned or his documents proved unverified. The counsel pointed out that under the MTI Act, the BoG chairman had no power to remove the petitioner from the post before completion of his five years term. In the writ petition, the petitioner explained that the newly appointed medical director had been appointed against the MTI law. Under the law, it said the medical director shall be appointed from the institution if senior professors were available in the same department. It said that the medical director, Dr Zia Muhammad was appointed from the Bacha Khan Medical College in the presence of senior professors and thus he was not eligible for the post of the medical director. The petitioner prayed before the court to declare his removal as void and against the law.