PESHAWAR: Peshawar High Court has temporarily suspended a decision of the Board of Governors of Medical Teaching Institute (MTI) Mardan Medical Complex about reinstating a senior registrar at the institute despite rejection of her appeal by relevant tribunal.

A bench consisting of Justice Ijaz Anwar and Justice Wiqar Ahmad sought comments from Mardan Medical Complex (MMC) BoG chairman and its hospital director in a petition challenging the board’s decision of Nov 2, 2024, of ordering reinstatement of the senior registrar, Dr Nayab Hakim, and also ordering to provide her salaries of the period of her absence.

The bench also issued notice to respondent (Dr Nayab), seeking her response to the petition filed by a resident of Mardan named Waheed Gul, challenging the decision of the MTI’s BoG.

The bench directed that in the meantime the decision of the MTI board to the extent of allowing reinstatement to Dr Nayab and paying arrears should remain suspended.

Advocates Shumail Ahmed Butt and Najamul Saleheen appeared for the petitioner and contended that the respondent (Dr Nayab) was relieved from the MTI for simultaneously serving as a civil servant as well as in MMC.

They stated that she had not resigned from the civil service, which was a requirement for joining MMC. They added that her appeal before the MTI Appellate Tribunal was also dismissed on merit with certain strictures against her.

They said that the MTI board without visualising that there was an order of the tribunal against respondent, allowed her representation and reinstated her with effect from her relieving with arrears for the period of absence.

They contended that the interference by the MTI board after the decision of the tribunal appeared to be without jurisdiction, as the said respondent had already questioned the tribunal’s order before the high court under its constitutional jurisdiction.

They claimed that the respondent had initially joined health department as medical officer on the recommendation of Public Service Commission in 2016. Subsequently, they said, she was posted as women medical officer at Maulvi Ameer Shah Memorial Hospital, Peshawar, in 2018.

They said that on Jan 19, 2019, MMC advertised multiple vacancies including that of junior registrar (gynae/obstetrics) in BPS-17. They added that the respondent was appointed as a junior registrar on the recommendation of the selection committee in June 2019.

The lawyers pointed out that the respondent had submitted an affidavit on judicial stamp paper on June 24, 2019, wherein she declared that she was not affiliated with any government department, institution or organisation at the time of her appointment.

They contended that despite making such a declaration, the respondent did not tender her resignation from her previous position.

Subsequently, they said, the respondent was appointed as senior registrar on Mar 9, 2022, and once again her appointment order explicitly required her to submit proof of an accepted resignation, if she was previously employees in any government service.

They claimed that the respondent submitted a false affidavit declaring that she was not employed in any government service.

They said that the respondent was finally relieved from MMC and placed at the disposal of director general health services in Aug 2023. The respondent, they said, challenged the order before the MTI Appellate Tribunal, which dismissed the same with the observation that the appellant had repeatedly manipulated documents, submitted false affidavits and concealed material facts.

They stated that the respondent then filed an appeal before the BoG challenging her relieving order and repatriation to health department, which was subsequently allowed by the board.

Published in Dawn, May 18th, 2025