Pakistan Medical and Dental Council and Others vs Muhammad Fahad
This matter concerns the governance and administrative affairs of the Pakistan Medical and Dental Council (PMDC). The Supreme Court of Pakistan addressed several civil appeals and petitions regarding the functioning of the PMDC. The core legal question involved the authority of the Court to intervene in the management of a statutory regulatory body due to ongoing administrative issues. The Court held that the existing PMDC and its Executive Committee were to be dissolved immediately. To ensure the continuity of essential functions and regulatory oversight, the Court exercised its jurisdiction to constitute an ad-hoc Council. This ad-hoc body, composed of various high-ranking judicial, legal, and medical officials, was tasked with managing the affairs of the PMDC until fresh elections or appointments could be conducted in accordance with the law. The key principle established is the Court's power to intervene in the governance of statutory bodies to prevent administrative paralysis and ensure the proper discharge of public duties during transitional periods.
- Does the Supreme Court have the authority to dissolve a statutory body like the Pakistan Medical and Dental Council?
- Can the Supreme Court constitute an ad-hoc council to manage the affairs of a statutory body pending new elections?
- What is the legal status of an ad-hoc council appointed by the Supreme Court to run a regulatory body?
MIAN SAQIB NISAR, CJ.-- C.M.A. Nos. 203 to 209/2018 are allowed office is directed to number the civil petitions.
2. For the reasons to be recorded later, Civil Appeals No. 3 and 4 of 2017, Civil Petitions No. 45 and 64 to 70 of 2018 are dismissed; whereas Civil Petition No.3412/2017 is converted into an appeal and allowed. The Pakistan Medical and Dental Council (PMDC) constituted under the law and any Executive Committee constituted by or under the law and presently working are dissolved and till the appointment/election of the fresh Council and the Executive Committees in accordance with law, we are constituting an ad-hoc Council to perform the functions and run the af fairs of PMDC in accordance with the relevant law . The Council shall comprise of the following:
1. Mr . Justice Mian Shakirullah Jan, former Judge of this Court (Chairman) ;
2. The Attorney General for Pakistan (Member) or in case of his non-availability , his nominee/representative;
3. Federal Secretary Health, Islamabad (Member) ;
4. Surgeon General of Pakistan Armed Forces (Member) ;
5. Vice Chancellor of the National University of Medical Sciences (HUMS) (Member) ;
6. Vice Chancellor University of Health Sciences, Lahore (Member);
7. Vice Chancellor Jinnah Post Graduate Medical Centre, Karachi (Member);
8. Vice Chancellor Khyber Medical University , Peshawar (Member) ; and
9. Principal Bolan Medical College, Quetta (Member) ;
2. The above Council will take over and run the affairs of the PMDC immediately and its first meeting shall be convened on 18.01.2018. The present registrar of PMDC shall continue to work.