Daily Times

ISLAMABAD: The Supreme Court on Friday dissolved a 35-member Council of the Pakistan Medical and Dental Council (PMDC) headed by Dr Shabbir Lehri, which regulates the medical educational institutions across the country.

A three-member Supreme Court bench comprising Chief Justice Mian Saqib Nisar, Justice Mushir Alam and Justice Sajjad Ali Shah, also formed a seven-member interim committee headed by a retired Supreme Court’s Justice Mian Shakirullah Jan to hold fresh elections of the council and run its affairs until the new council takes charge.

The Attorney General for Pakistan Ashtar Ausaf Ali has also been made part of the interim committee to help draft legislation for the body. Besides, representatives of medical colleges of four provinces and Islamabad will also be part of the committee.

In its short order, the court held that the interim committee will have the authority to inspect medical colleges as well. The chief justice ruled that he will personally monitor the interim setup. The detailed verdict will be released later on.

The court upheld the Dec 7, 2017 Lahore High Court decision of dissolving the council and striking down its 2016 regulations for admission to the medical colleges.

In his arguments, Barrister Syed Ali Zafar, counsel for Pakistan Association of Private Medical and Dental Institutions (PAMI), argued that the PMDC council was functioning unlawfully because it had been created under the PMDC (Amendment) Ordinance 2015 which had lapsed on April 25, 2016 and, thus, all acts done and regulations passed by it were also unlawful.

During the hearing, the court expressed dismay over the government for failing to introduce a new law after the PMDC (Amendment) Ordinance 2015 lapsed and the matter reached the high court.

On the appeals moved by the students and private medical colleges challenging formation of the PMDC, its regulations and Central Induction Policy 2016, the LHC had set aside Sections 9 (c), 7, 8 and 11 of the impugned regulations, holding that PMDC was working under an amended ordinance of 2015 that had lapsed. As a result, the bench had said, regulations made by the council also became ineffective. Later, the PMDC moved the apex court against LHC verdict.

Earlier on Thursday, Sardar Latif Khosa, senior counsel for PMDC’s former president Dr Masood Hameed Khan, had suggested the court that an ad hoc committee be appointed under one of the council’s members and former apex court judge Mian Shakirullah Jan to elect the new PMDC council.

Published in Daily Times, January 13^th 2018.