| Case ID |
ffe5b28b-d308-4895-8288-b62af8b02f39 |
| Body |
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| Case Number |
Writ Petition No.420 of 2015 |
| Decision Date |
Dec 23, 2015 |
| Hearing Date |
Dec 07, 2015 |
| Decision |
The court upheld the validity of the Khyber Pakhtunkhwa Medical Teaching Institutions Reforms Act, 2015, rejecting the petitioners' challenge to its constitutionality. The court found no basis for the claim that the Act was enacted with malafide intent or that it violated the independence of the judiciary. The Act was deemed to have been validly and competently enacted by the Provincial Legislature. The court directed that any grievances regarding the administration of medical institutions should be addressed by the appropriate authorities, ensuring compliance with the law. |
| Summary |
The case involved a challenge to the Khyber Pakhtunkhwa Medical Teaching Institutions Reforms Act, 2015, which aimed to provide autonomy to medical institutions in the province. The petitioners, including Dr. Iftikhar Ahmed and various medical associations, argued that the Act was unconstitutional and undermined the autonomy of medical institutions. They contended that it allowed non-doctors to administer medical institutions, which could affect service structures and led to the abolishment of certain posts. The court, presided over by a bench including Justice Mazhar Alam Khan Miankhel and Justice Nisar Hussain Khan, examined the constitutionality of the Act. The court found that the Act was within the legislative competence of the provincial legislature, aligning with the Constitution of Pakistan, 1973, which provides provinces with autonomy in legislative and administrative matters. The court rejected the argument that the Act was enacted with malafide intent to nullify previous court orders and found no violation of fundamental rights. The court directed the authorities to address grievances and ensure the proper implementation of the Act, emphasizing that the judiciary's role is not to legislate but to interpret and enforce existing laws. The decision affirmed the validity of the Act, with the court noting the importance of evolving laws to meet changing societal needs. |
| Court |
Peshawar High Court
|
| Entities Involved |
Ayub Teaching Hospital,
Association of Professors, Associate Professors and Assistant Professors,
Hayatabad Medical Complex,
Lady Reading Hospital,
Para-Medical Association
|
| Judges |
MAZHAR ALAM KHAN MIANKHEL,
NISAR HUSSAIN KHAN,
MRS. IRSHAD QAISER,
SYED AFSAR SHAH,
MUHAMMAD YOUNIS THAHEEM
|
| Lawyers |
Mushtaq Ali Tahirkhaili,
Abdul Latif Yousafzai,
Syed Arshad Ali,
Shakeel Ahmad
|
| Petitioners |
DR. IFTIKHAR AHMED
|
| Respondents |
4 OTHERS,
GOVERNMENT OF KHYBER PAKHTUNKHWA THROUGH CHIEF SECRETARY CIVIL SECRETARIAT, PESHAWAR
|
| Citations |
1960 SLD 415,
1960 PLD 212
|
| Other Citations |
Provincial Secretary of P.E.I. v. Egan and A.G., of P.E.I. (1941), S.C.R. 396,
Grand Trunk Railway Company of Canada v. A.G. of Canada (1907) A.C.65,
Clyde Engineering Company Limited v. Cowburn and Metters Limited v. Pickard and Lever Brother Limited v. Pickard (1926)-High Court of Australia-466,
Zeerbhai Ajmaidas v. the State of Bombay (1954 AIR 752),
Ch.Tikka Ramji and others v. State of Uttar Pradesh AIR 1956 SC 676,
Ex Parte Mclean (1980) 48-C.L.R. 472,
Stock Motor Club Ltd. (1932) 48 CLR 128,
Zia ur Rehman's case PLD 1975 SC 49,
Fauji Foundation v. Shamim ur Rehman PLD 1983 SC 457,
Multiline Associates v. Ardeshir Cowasjee and 2 others PLD 1995 SC 423
|
| Laws Involved |
Constitution of Pakistan, 1973,
Khyber Pakhtunkhwa Medical Teaching Institutions Reforms Act (IV of 2015)
|
| Sections |
137,
141,
148,
154,
16,
23,
24,
26
|