SHC irked by delay in constitution of boards to run govt hospitals

The Sindh High Court (SHC) has taken exception to delay in framing of rules and constitution of medical boards to run the provincial teaching hospitals under the Sindh Teaching Hospitals (Establishment of Management Board) Act 2020 and directed the provincial health secretary to ensure that rules are prepared and vetted within two months.

Hearing identical petitions with regard to affairs of the teaching hospitals in the province, a division bench of the SHC comprising Justice Salahuddin Panhwar and Justice Adnanul Karim Memon observed that the news of the enactment of the Sindh Teaching Hospitals (Establishment of Management Board) Act 2020 was worth appreciating but non-framing of the rules appeared to be badly hurting the purpose for which the law was enacted.

The health secretary submitted that the Sindh government had enacted the teaching hospitals law but its rules were yet to be framed. He submitted that the law stipulated that a management board would run the affairs of tertiary hospitals in the province whereas drawing and disbursement authority was still with the medical superintendents (MS) of the government hospitals.

The secretary submitted that he had advised the MS of the hospitals to send requisitions through the board. He informed the SHC that the selection of management board was the prerogative of the chief minister who was competent to approve the summary with regard to formation of the board of every tertiary hospital comprising all stakeholders; however, the rules would define the mechanism with regard to the purchase of medicine and other surgical instruments as well as assign the postings, including that of the MS.

The high court observed that the rules were always subordinate to the Act and always meant to provide a procedure for the enforcement of the Act and so the same shall not violate the spirit of the Act. The bench observed that the MS shall not be given sole powers of drawing and disbursement and they shall be accountable to the board as well as their removal, transfer or posting shall be subject to consultation with the management board.

The high court directed the health secretary to pursue that rules were prepared and vetted within two months. The bench observed that the prerogative of the CM to select the management board was never an excuse to keep lawful things delayed when the Act itself required the formation of such a board. The high court directed the health secretary to pursue the matter and observed that it was expected that the CM shall appreciate the importance and requirement of the constitution of the management boards for tertiary hospitals and shall make it functional so that the objective of the enactment of the Act was achieved without any further delay.

Regarding the appointment of all the officers working on own pay scale (OPS) basis at the government hospitals, the health secretary and a provincial law officer undertook that all the officers posted on the OPS basis on administrative posts would be removed within 10 days and only seniors as a stop-gap arrangement of that grade would be posted in compliance with a Supreme Court (SC) judgment.

The high court was informed by the health secretary that there were separate cadres of doctors in Punjab and Khyber-Pakhtunkhwa qualified with MPH degree to be posted on administrative posts but rules were not providing such appointments in Sindh.

The secretary submitted that he had working papers lying with him and would ensure that the rules were to be examined within such cadre rules in the light of practice of other provinces. The high court observed that it was expected that the secretary would pursue the same and bring amendments in those rules to create separate cadres for hospitals’ administration within three months.

The secretary submitted that there were difficulties for doctors in performing their duties efficiently in hospitals due to their advanced age as they were most vulnerable to Covid-19 and reluctant to accept the charge of MS and so they might be given some relaxation.

The high court observed that in such circumstances, there shall be a consent in writing by those doctors who were eligible for that post but reluctant to join. The high court observed that in such a situation till the issue of Covid-19 existed, the health department would be competent to post any responsible senior officer in only the hospitals with Covid-19 wards as a stop-gap arrangement which, however, shall not prejudice what was directed by the SC in its services judgment.

Regarding court directives for the constitution of a committee on the district level to monitor the performance of public sector hospitals, the high court observed that the health department had been directed to form committees and invite public in open meetings as per population.

The SHC directed the health secretary to complete all such directives within one month and such upgradation shall be completed preferably within two years. The high court observed that at least six district headquarters and 12 taluka headquarters hospitals shall be upgraded as required within one year.

The high court directed all the secretaries to ensure that all the officers who were working on the OPS basis and on acting charge shall be removed within 10 days or any acting charge shall be subject to the direction of the SC judgment and non-compliance with the directives shall be treated as a pejorative act leading to initiation of contempt proceedings.