PM&DC office-bearers foil take over attempt
ISLAMABAD—PM&DC office bearers on Tuesday foiled attempt by a group of doctors to seiz the office of the council.
The members and office bearers of the Council while performing their lawful functions in PMDC, some individual doctors came to the office. They unceremoniously demanded to immediately handover office of PMDC to them. They claimed that they are automatically restored to the position as the case was in 2014 when the Ordinance III of 2014 was disapproved by the Senate of Pakistan on 23.4.2014.
The office holders the Council, after listening to them disagreed with their viewpoint, on the following account:
The judgment of Supreme Court of Pakistan in C.P. 10/ 2014 declared vacuum in the PMDC as a consequence of disapproval of the Ordinance III of 2014 by the Senate and ordered as under:
“As far back as 20.3.2014 the Pakistan Medical and Dental Council comprising elected members was dissolved through an Ordinance. The dissolution of the Council created a vacuum. An attempt was made to fill this vacuum by constituting a management committee on 20.03.2014 pursuant to section 2(2) of the Pakistan Medical and Dental Council (Amendment) Ordinance (No.III) of 2014. However, the amending Ordinance was disapproved by the Senate of Pakistan on 23.4.2014. As a consequence, the vacuum and uncertainly came to prevail in respect of medical colleges, medical degree, etc.
The Hon’able Supreme Court of Pakistan, in these circumstances, directed to the Federal Government to take steps to fill in the vacuum. In this backdrop, the PMDC Ordinance XI of 2015 was promulgated on 28.08.2015 and extended for a further period w.e.f 26th December, 2015. In pursuance of the Ordinance, free and fair elections of the Council have been conducted; the President and Vice President, Executive Committee and members of the Council have been elected. Accordingly, the Federal Government, by notification in the official Gazette, constituted the Council for a period of four years. Now, the Council has been performing its regulatory functions under the law.
Meantime, PMDC Amendment Bill, 2016 has been unanimously approved by the National Assembly on 16th March, 2016 and the same Bill is pending in the Senate of Pakistan.
On the other hand, the PM&DC Ordinance, 2015 (XI of 2015) stood repealed by the 25th April, 2016. Legally speaking, Article 264 of the Constitution clearly laid down that anything duly done or suffered under the Ordinance XI of 2015 is protected; therefore, President and members of the Council are to hold the office for a term of four years as notified by the Federal Government.