Dow Medical University controls more policies in its administration PHOTO: EXPRESS
A two-judge bench of the apex court, headed by Chief Justice of Pakistan Anwar Zaheer Jamali, passed the order while hearing a petition filed by the provincial government challenging the order passed by a division bench of the SHC at its Hyderabad Circuit Bench on November 18.
The bench, which also comprised Justice Amir Hani Muslim, was hearing the matter at the SC's Karachi registry.
The high court bench, comprising Justices Salahuddin Panhwar and Muhammad Iqbal Mehar, had ordered the handing over of administrative control of the Peoples Medical Hospital, Benazirabad to the vice-chancellor of the Peoples University of Medical and Health Sciences, Benazirabad.
It had also directed the varsity's vice-chancellor to constitute a committee within three days and take over control of this hospital, ensure that patients are receiving all the required facilities and ensure that doctors in training were provided adequate facilities for their learning.
While passing these directives, the SHC bench had observed that the district and taluka hospitals in Sindh were under the control of the Sindh health director-general. However, the teaching hospitals, which were also supposed to provide training to medical students, were not under the administrative authority of universities and colleges.
It had noted that the medical superintendent, who was serving under the domain of health secretary, and the universities were shifting the burden upon each other. As a result, the public was suffering, the judges had remarked in their judgment.
The court also noted that Dow Medical University, Karachi, enjoys administrative control of its teaching hospital but all the other government teaching hospitals had the secretary of health as their main authority.
Fixing the next hearing on December 1, the SHC bench had ordered the secretaries of the health and law departments to assist the court in determining the authority of the health department or respective medical universities over the teaching hospitals in Sindh.
These orders were issued on a petition filed by social worker Mumtaz Qureshi, who had approached the court seeking provision of health facilities at a public hospital.
However, the provincial government challenged the high court's order in the apex court.
The provincial law officer argued earlier that the provincial government had retained administrative control of the teaching hospitals, adding that its transfer to the varsities' vice-chancellors cannot be allowed. He argued that this would result in administrative issues.
The apex court was pleaded to suspend the operation of the SHC bench's November 18 order. It was further requested to declare that the administrative control of the teaching hospitals cannot be handed over to the medical varsities' vice-chancellors.
After hearing initial arguments, the SC granted a stay against the SHC's order till the next date of the hearing. Till then, notices were also issued to the respondents to file their comments.
Published in The Express Tribune, November 22nd, 2016.
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