ISLAMABAD: The government has challenged the restoration of Pakistan Medical and Dental Council (PMDC) and reinstatement of its employees before a two-member division bench of the Islamabad High Court (IHC).

IHC division bench headed by Justice Athar Minallah, however, did not issue a stay order against the order of single member bench but sought reply from the PMDC’s employees as well as other respondents.

The federal government has challenged the order passed by IHC single member bench through an intra-court appeal (ICA).

Justice Minallah inquired from the appellant about the loopholes in the earlier decision that led to filing of appeal. The court also clubbed this petition with another matter related to issuance of Presidential Ordinances.

Further hearing in this case has been adjourned till March 12.

IHC Justice Mohsin Akhtar Kayani on Feb11 declared that the Presidential Ordinance that repealed the PMDC was ultra vires, and directed the federal government to reinstate the employees of the council and also held that the formation of PMC was not authorised by the law.

PMDC’s employees had contended that act of Parliament empowered government to dissolve the PMDC but the president, vice president and the executive committee of the council would stay intact till the appointment of newcomers after the elections which were to be held within one year.

Moreover, the federal government was authorised to appoint an officer, not below the rank of BS-20, as an administrator to head the executive committee. The administrator and the executive committee were to exercise powers of the council till constitution of a new council,” the petition said.

According to the petition, in 2018 the Supreme Court had also set criteria for promulgation of ordinance which have also been followed in the instant case.

Published in Dawn, February 25th, 2020