The court passed these orders on multiple petitions filed by All Pakistan Paramedical Staff Federation-SZPMI and others challenging transfer of the administrative control along with its components, assets, liabilities, staff etc from the federal government to the provincial government.
The petitioners' counsel argued that the SZPMI was established by the federal government and its management/control was run by the board of governors.
They said under the garb of 18th constitutional amendment the institute was given to the Punjab government through the impugned notification issued on Feb 14, 2012. They said the institute at the time of devolution was under the administrative control of cabinet division and not under the federal ministry of health as such it could not be devolved.
The counsel further said the institute on account of its autonomous status did not fall under the domain of 18th amendment.
However, the provincial government's counsel argued that the institute/hospital was established under a Trust formed on November 6, 1973. He said the Trust was not only meant for the establishment of hospital or medical colleges in Punjab only but also in other provinces of the country.
He said although the SZPMI was established as autonomous institute yet the funds were provided by the Trust.
He said the then prime minister competently transferred the administrative control of the institute to the Punjab government and defended the appointments made by the province after the devolution.
He alleged that the petitioners wanted to undo the working of the board of governors and to stop it from performing administrative functions for their personal gains.
However, a federal law officer argued that the decision of the hospital's devolution had not been taken by the cabinet which was mandatory under the law. The judge ordered that the SZPMI shall stand restored to the federal government in position where it was before the impugned devolution.
The court had passed the same verdict in 2017; however, a division bench had suspended the decision and remanded the matter back with direction to decide it afresh.