PESHAWAR: A Peshawar High Court bench on Wednesday stayed the process of appointment of the principal to the Khyber Medical College, Peshawar, over a petition filed by a former vice-principal of the college, who challenged the process on multiple grounds, including resignation of the relevant selection committee’s chairman.

Justice Waqar Ahmad Seth and Justice Mussarat Hilali issued notices to the respondents including board of governors of Khyber Teaching Hospital, Khyber Pakhtunkhwa chief secretary, provincial health secretary and members of the selection committee, asking them to explain their positions on the matter.

They fixed June 16 for the next hearing into the petition filed by Professor Jamshed Ali directing the respondents including the selection committee to maintain status quo till that date.

Advocate Mian Muhibullah Kakakhel appeared for the petitioner and contended that his client was a highly qualified person and had retired from Khyber Medical College/ Khyber Teaching Hospital on Apr 11, 2016.

He said the petitioner had also remained vice principal and chief provost of KMC.

He contended that in Jan this year the board of governors (BoG) of Khyber Teaching Hospital (KTH) published an advertisement in newspapers for selection of dean / principal of KMC and the petitioner being suitable candidate had also applied for the said post.

He said according to advertisement no age limit was required for appointment. He contended that as the selection criterion was not clear therefore the selection committee in its meeting on Mar 15, 2016, decided to write a letter to Pakistan Medical and Dental Council for guidance.

The counsel claimed that for the purpose of applying for the advertised post, the criterion was that a government servant would resign his post if he wanted to be appointed in the institution (KTH/ KMC).

He argued that the official respondents had framed rules for the Medical Teaching Institute (MTI) but they were not approved by the law department through letters issued on Jul 2, 2015, and Jul 15, 2015.

Mr. Muhibullah contended that due to unclear legal situation, chairman of the selection committee Professor Hashimuddin Azam Khan resigned and since there, there had been no chairman of the committee.

He alleged that the chairman had resigned as protest as the concerned BoG had already selected one Dr Noorul Iman who was a government servant and had not opted for absorption in MTI under the MTI Reforms Act, 2015.

Mr. Muhibullah added that the said doctor had also not resigned from his government post to enable him to be appointed as dean/ principal.

He said the petitioner had written a letter to the BoG on Mar 24 showing his grievance regarding the said illegalities.

The lawyer said the petitioner had not been shortlisted for appointment despite he was fully suitable to be appointed against the said post and he was told that he would not be called for interview.

He requested the bench to declare the refusal of respondents to short list the petitioner and to call him for interview as illegal and without jurisdiction.

Mr. Muhibullah requested the bench to declare that the selection committee was illegal because of the incompetence of its members and because of the resignation of its chairman and therefore, it was not competent to process the case of dean/ principal.

Published in Dawn, May 26th, 2016