ISLAMABAD, Nov 30: The Supreme Court on Wednesday allowed the Pakistan Medical and Dental Council to appeal against the Sindh High Court’s order of accepting the right of “provisionally recognized” medical institutions to become its member.

A two-member bench comprising Justice Sardar Mohammad Raza Khan and Justice Khalilur Rehman Ramday while granting leave of appeal to the Pakistan Medical and Dental Council also decided to request the Chief Justice for the constitution of a larger Supreme Court bench for expeditious disposal of the instant case.

Represented by senior counsel Akram Sheikh, the PMDC in its appeal has pleaded before the court to overrule the high court’s order of September 7, 2005 of accepting provisionally recognized private medical institutions to become members of the council till the time such recognition was revoked.

The SHC had also restrained the Pakistan Medical and Dental Council from carrying out inspection of the Ziauddin Medical University, the Fatima Jinnah Dental College and the Hospital Trust till they become members of the council.

Senior lawyer Barrister Aitzaz Ahsan appeared on behalf of the Fatima Jinnah Dental College while Advocate Anwar Mansur Khan represented the Ziauddin Medical University.

The petitioner stated that the respondents were the trustees of the Fatima Jinnah Dental College, the Hospital Trust and S. M. Sohail Trust respectively and were running colleges under the names of the Fatima Jinnah Dental College and the Jinnah Medical College Karachi.

These institutions are provisionally recognized by the Pakistan Medical and Dental Council, the petition said, adding these institutions default in maintaining one or the other standard of proficiency required in terms of regulation promulgated under Section 33(2) of the Pakistan Medical and Dental Council Ordinance 1962. The medical/dental qualification offered by these institutions is still not recognized by the Federal Government.

SHC’s conclusion of accepting the right of the respondent medical institutions to be represented in the council was manifestly absurd and inconsistent with the statute, the petition said.

Every medical, dental institution or university established under the laws of Pakistan and having a medical or dental faculty can not be given representation in the council, especially when these are not yet recognized under the ordinance. Otherwise private universities could interfere in matters relating to recognition of such institutions by forming a majority in the council, the petition stated.