During the course of proceedings, representing private medical and dental colleges through Pakistan Association of Private Medical & Dental Institutions (PAMI), Barrister Syed Ali Zafar pleaded for the constitutional validity of Pakistan Medical and Dental Council, besides legality of the regulations framed by the Council.
Zafar contended that the PMDC is illegal and functioning unlawfully because it was created under PMDC (Amendment) Ordinance, 2015 which lapsed on April 25, 2016 so the Council and all acts done and regulations passed by it were also unlawful.
He apprised that the Council under the Pakistan Medical & Dental Council Ordinance, 1962 was first created and its members were eminent people from all walks of life including one member each from every medical and dental college and university. He said when the private colleges increased their members, they got majority in the Council.
Barrister Zafar said during 2012, the Parliament passed an amendment act and according to that, private medical and dental colleges of each province were to select only one member amongst themselves. He argued even this was not acceptable to the government and, therefore, it dissolved the Council in 2015 through an ordinance and constituted a new council without any representation from the private medical and dental colleges.
Ali Zafar further contended when this ordinance lapsed and the matter was put up before the Senate of Pakistan, it refused to make this ordinance a law and sent it to the Council of Common Interests (CCI).
Barrister Zafar submitted when an ordinance lapses under Article 89 read with Article 264 of the Constitution, then being a temporary legislation, any body created under it also ceases to exist. He contended that consequently the current members of PMDC are all working illegally and they should be stopped. He further stated that the Ordinance of 2015 was passed without the approval of the Cabinet or CCI and, therefore, the regulations and policies framed by PMDC were also illegal.
He said that currently there are top 5 countries in the world that are competing for a place in the global strategy, first being India with 450 colleges, followed by Brazil with 259, China with 187 colleges and USA with 186, and Pakistan is at fifth position with 156 colleges.
Barrister Ali Zafar submitted the world requires more than 2.6 million doctors, nine million nurses and other paramedical staff, saying the demand is expected to rise to over 14 million by 2030.
He stated if Pakistan produces good doctors, they will not only be the source of earning but would also act as goodwill ambassadors for the country. Ali Zafar further said that currently Pakistan requires 500,000 doctors but has 168,491 registered doctors and out of these 40,167 are specialists and even out of these, 25,000 are working abroad.
Similarly he informed that Pakistan requires 500,000 hospital beds but currently it has approximately 100,000 and even out of these hospital beds, 80% are being provided by private medical colleges, adding therefore, more than 200 institutions are needed to compete in this global strategy.
Chief Justice Mian Saqib Nisar observed if private medical colleges are receiving donations then it could not be allowed being an illegal act.
The court was told that a private college has to get affiliation with any university of its choice. Presently, there are three public universities - University of Health Sciences, King Edward University and Fatima Jinnah Medical University - and three are in private sector including Lahore Medical and Dental Colleges, Superior Groups of Colleges and Riphah International University.
Attorney General for Pakistan Ashtar Ausaf Ali said while arguing before the bench that once the ordinance has some weight, validity and force of law like that of law made by Parliament then it remains intact. Substantiating his argument he cited an Indian judgment.
However, the Chief Justice asked him not to cite Indian judgment, saying it is bad judgment, adding Pakistani courts have developed the laws therefore there is no need to cite foreign judgments. Chief Justice Mian Saqib Nisar inquired from the AGP if the law under which PMDC was created lapses then the Council could stay. Later, the hearing of the matter was adjourned till Friday (today).