Pakistan Medical and Dental Council through its President and 3 others vs Muhammad Fahad Malik etc and 10 others
This matter concerns the governance and administrative legitimacy of the Pakistan Medical and Dental Council (PMDC). The core legal question addressed by the Supreme Court of Pakistan involved the validity of the existing PMDC structure and its Executive Committee. Upon reviewing the petitions and appeals, the Court held that the existing PMDC and its Executive Committee were to be dissolved immediately. The Court exercised its authority to constitute an ad-hoc Council to manage the affairs of the PMDC until fresh elections or appointments could be conducted in accordance with the law. The Court appointed a specific body of members, including a former Supreme Court Judge as Chairman and various high-ranking health and academic officials as members, to oversee the transition and ensure the continued functioning of the regulatory body. The Registrar of the PMDC was directed to continue their duties during this interim period. The decision establishes the principle that the Supreme Court may intervene in the administrative structure of a statutory regulatory body to ensure its lawful functioning when the existing governance framework is found to be deficient or non-compliant with the law.
- Can the Supreme Court dissolve a statutory regulatory body and appoint an ad-hoc council to manage its affairs?
- Does the Supreme Court have the authority to restructure the governance of the Pakistan Medical and Dental Council?
- Is the Registrar of the Pakistan Medical and Dental Council permitted to continue working following the dissolution of the Council by the Supreme Court?
ORDER
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 2018, 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. Executive Director , 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.