IHC restores PMDC, declares PMC dissolved

Last year, President Alvi had promulgated an ordinance which led to formation of PMC

ISLAMABAD: The Islamabad High Court on Tuesday restored the Pakistan Medical and Dental Council (PMDC) and declared the formation of Pakistan Medical Commission (PMC) – a body formed through a presidential ordinance in its place – as illegal.

Justice Mohsin Akhtar Kayani of the IHC announced the decision on identical petitions filed against the dissolution of PMDC and reinstated the employees of the council.

On October 19, last year, President Dr Arif Alvi had promulgated an ordinance which led to the formation of a new body – PMC – and rendered PMDC dissolved.

The PMC Ordinance was among those 11 presidential ordinances, which the government got passed in the form of bills from the National Assembly in a controversial manner amid ruckus by opposition members on November 7.

The PMC comprised three components – PMDC, National Medical and Dental Academic Board and the National Medical Authority.
The body had been established with the purpose to deal with the issues related to medical education and doctors.

Following the promulgation of the ordinance, the Ministry of National Health Services (NHS) through Islamabad district administration and police sealed the PMDC building.

The council was informed that the service of its 220 employees had been terminated.

The PTI government’s move was declared “undemocratic” by the Pakistan Medical Association and led to a series of protests across the country.

Following the shutting down of the PMDC, the sacked PMDC employees challenged their termination and dissolution of the council in IHC.

They contended that the government had not followed the criteria set by the apex court for the promulgation of ordinances in a 2018 verdict.

The petition contended that although the Parliament was empowered to dissolve the PMDC but its president, vice-president and executive would stay intact till a new commission was elected through annual elections.

It also pointed out that the government was unauthorised to appoint an official below grade 20 to head the executive committee.
The petitioners maintained that the employees of PMDC were terminated without being accorded an opportunity for hearing.

They expressed reservations that the newly-formed PMC may induct people on sanctioned and contractual positions through other modes which may jeopardise the rights of previous PMDC employees to serve the council.

The petition requested the court to declare the ordinance for the establishment of the PMC unconstitutional and in the meantime allow PMDC employees to continue working in the newly-formed commission.

Meanwhile, the government also failed to get the PMC Ordinance 2019 approved by the Parliament within the required time-limit and was seeking its extension for another 120 days from the National Assembly.