The Islamabad High Court has ruled against the dissolution of Pakistan Medical and Dental Council.
PMDC was dissolved through a presidential ordinance on October 20, 2019 and a new regulatory body the Pakistan Medical Commission was formed in its place.
Justice Mohsin Akhtar Kayani in a short court notice also ordered the dissolution of the Pakistan Medical Commission (PMC), declaring it illegal.
A Short Dissolution
The Pakistan Medical and Dental Council was established under the Pakistan Medical and Dental Council Ordinance 1962, which was abruptly replaced by Pakistan Medical Commission Ordinance 2019.
Following the issuance of ordinance PMDC’s offices were shut-down in a coup like efficiency, which the government said was to ensure safety and security of the council’s records. In a press release that followed the closure of PMDC offices across country, the Ministry of Information said the move was to “ensure the protection of essential records and assets of PMDC.”
Presidential Ordinance does not exert the same force and effect as an act of Parliament under Article 73 clause (2) of the constitution, and it shall stand repealed after 120 days of it coming into effect, if not approved by Parliament.
The PMDC dissolution and the subsequent issuance of the PMC Ordinance meant that 220-employees of the council were left jobless, while medical students had to face the prospect of having to sit the proposed National Licensing Examination (NLE) to practice as medical professionals upon completion of their MBBS or BDS degrees. But the more troubling aspect of the dissolution was apparent free hand given to private institutions in governing their affairs.
Answer To Prayers
IHC had admitted a petition against PMDC’s dissolution on October 30, 2019. Former PMDC employees had taken to the courts to register the unjust and reckless dissolution which had led to them losing their job unfairly.
They argued that even after the dissolution PMDC’s president, vice president and the executive committee should stay in place till the new appoints which would happen after elections held within a year.
However, the services of PMDC employees were terminated without notice or hearing. And they feared that PMC may hire new employees on contracts which would be utterly unjust to PMDC employees.
The former employees had requested the court to therefore, declare the PMC Ordinance unconstitutional.
The acceptance of the petitions has left the PMDC employees rejoicing. As per reports, they were seen congratulating each other after the court ruled in their favor.