KMC sans dean due to loophole in appointment process

NAB restrained from arresting PWD divisional accountant

PESHAWAR: The process of appointing a dean for Khyber Medical College was stayed by a division bench of Peshawar High Court on Tuesday and replies were sought from the authorities concerned.

A bench comprising Justice Waqar Ahmad Seth and Justice Nisar Hussain heard a petition filed by KMC Anatomy Department Head Dr Qaiser Inayat. His lawyer Mohibullah Kakakhel told the bench applications for the post were sought through an advertisement in 2015. Kakakhel argued, although Inayat was on sixth number on the seniority list, authorities refused to accept his application when he went to apply for the post. He said they were accepting applications of those who did not meet the criterion.

The lawyer told the bench Inayat had an MPhil degree. According to Kakakhel, the administration had kept the job criterion of Fellow of Royal College of Physicians and Surgeons (FRCPS) for the post. But he argued FRCPS was not a degree, but is an honorary membership, the holder of which was not entitled to be appointed dean or principal of KMC. He added his client was eligible as per Pakistan Medical and Dental Council rules, which should be followed in light of a judgement of the Supreme Court of Pakistan. Kakakhel said senior doctors with relevant and higher qualifications suffer when they are not given befitting posts – of dean and principal in the case of KMC. Therefore, he requested the bench to declare the advertisement illegal.

After hearing the arguments, the bench issued notices to Khyber-Pakhtunkhwa chief secretary, health secretary and chairman of the board of governors of Khyber Teaching Hospital.

NAB restrained

Another division bench of the high court restrained National Accountability Bureau from arresting the divisional accountant of the public works department. The court ordered the latter to cooperate in investigation. The bench also sought a reply from NAB.

Lawyer Abdul Sattar Khan told Chief Justice Mazhar Alam Miankhel and Justice Irshad Qaiser that Rana Shaukat was the divisional accountant of the public works department.

NAB had started investigating the projects in five constituencies of Malakand Division. The bureau arrested Shaukat, but he was later released on bail.

However, Abdul Sattar told the court Shaukat was being harassed in other enquires and was issued notices to appear before NAB, due to which he feared his arrest.

The lawyer asked the bench to restrain NAB from arresting his client as he was cooperating in the investigation. After hearing the arguments, the bench stopped NAB from arresting the petitioner and sought a reply from the respondents. 

Published in The Express Tribune, January 20^th, 2016.