Humayun Khan
PESHAWAR: A divisional bench of Peshawar High Court (PHC) comprising of Justice Shakeel Ahmad and Justice Shahid Khan raised 10 questions regarding termination of chairmen as well as member Board of Governors (BOG) at Medical Teaching Institution (MTI) hospital while ordered Advocate General Khyber Pakhtunkhwa to address it, on Thursday.
During hearing PHC observed that are petitioners’ termination notification is legal? Is the termination made under MTI Act? Is High Court can exercise the jurisdiction in light of Section 16(A) of Appellate Tribunal or Tribunal has the jurisdiction to hear the petition?
Is the petitioners have alternative forum for redressal of their grievances as per section-7 of MTI Act or High Court can exercise its jurisdiction in writ? Can petitioners continue their services on the will of Chief Minister or CM can made appointment and termination? Is termination/appointment of chairmen and members BOG contradict with Election if the appointment is made by nonfunctional committee?
Is Chief Minister responsibility is looking into daily affairs or he can made appointment and termination? What will be its impacts? Is Chief Minister has jurisdiction to appoint chairman BOG under MTI Act or appointment and termination petitions are maintainable? What will be the impacts if the vacant has been fulfilled with new appointment and they are assumed the charges?
Moreover, PHC observed that is the writ petition filed by Nausherawan Barki is maintainable because he was in America on the institution of petition’s day? However, PHC directed Advocate General Khyber Pakhtunkhwa and counsel for petitioner to prepare to address the question raised by the court.
The counsel Shumail Butt argued that chairmen and members BOG of MTI Lady Reading Hospital, Ayoub Teaching Hospital along with other hospitals were terminated recently which isn’t legal. He added that earlier identical cases were disposes-off by PHC on assurance by provincial government on withdrawal of notification.
However, Ayoub Medical College lawyer Zahid Aslam Advocate that new appointment is made is per law while that previous chairman didn’t attend BOG’s meetings for several months while serving at Shaukat Khanum Hospital which has Ayoub Teaching Hospital into dirt while the new official has addressed the longstanding issue immediately.
PHC has raised several question ordered both parties to prepare the case and adjourned further hearing till 22nd August after conclusion of initial arguments.
