ORDER-SHEET
IN THE HIGH COURT OF SINDH, CIRCUIT COURT LARKANA
C.P.No.D.1347 of 2016.
|
Date of hearing |
Order with signature of Judge |
1. For orders on office objection at flag A.
2. For Katcha Peshi.
11.01.2017.
Petitioner present in person.
Mr. Habibullah G. Ghouri, Advocate for Respondents No.1-4.
Mr. Muhammad Aslam Jatoi, Advocate for Respondent No.5.
Mr. Abid Hussain Qadri State Counsel.
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On 23rd December-2016 in presence of the representatives of the respondents this court has been pleased to pass the Order as under:-
“We, therefore, direct the President, PMDC, the Respondent No.6, to issue the required clarification considering the period of 2 months and 15 days towards the total House Job period of the petitioner to General Medical Council, UK and copy thereof shall be communicated to Medical Superintendent, C.M.C Hospital, Larkana so also to petitioner within a period of 15 days after receiving the letter from the Medical Superintendent, C.M.C Hospital, Larkana and such compliance report must be submitted to this Court by the respondents No.5 and 6 through the Additional Registrar. Needless to say that in case the compliance is not made within the prescribed period, the respondents No.5 and 6 shall expose themselves to contempt proceedings”.
It was expected that this Order must have been communicated to the respondents including respondent No.6. Today the Counsel for the respondent No.5 has filed statement regarding compliance of the Order dated 23.12.2016. In his letter filed today, the respondent No.6 was categorically informed about order dated 23.12.2016 by the respondent No.5. Since issue pertains to future of petitioner and it was expected that PMDC being responsible institution would act forthwith, however, respondent No.6 has not complied with order dated 23.12.2016 and obviously there is no justification.
We had already warned the respondents for the consequences of non-compliance, therefore, we have to issue contempt notice to Prof. Dr. Shabbir Ahmed Lehri, President PMDC and Prof. Dr. Abid Zaheer Farooqi, Vice President, PMDC, both having office at G-10/4 Mauve area Islamabad, with specific directions that they should comply with the Order dated 23.12.2016 on or before next date of hearing (i.e.18.1.2017) or they should be present in person to explain their position. In case of their non-compliance of the order and/ absence from this Court, we would be constrained to issue warrants for their appearance.
Let a copy of this Order be faxed to the proposed contemnors and the petitioner is also directed to obtain a copy and send the same under covering letter through TCS and obtain copy of delivery from TCS office and submit the same before this Court on the next date of hearing.
To come up on 18.01.2017 at 11:00 AM.
Sd/- JUDGE
Sd/- JUDGE
ORDER-SHEET
IN THE HIGH COURT OF SINDH, CIRCUIT COURT LARKANA
C.P.No.D.1347 of 2016.
|
Date of hearing |
Order with signature of Judge |
18.1.2017.
1. For orders on office objections.
2. For Katcha Peshi.
Petitioner Dr. Khanzadi Chandio present in person.
Mr. Abdul Razak Jamali, Standing Counsel.
M/s Habibullah G. Ghouri and Faiz Muhammad Larik, advocates for the respondents No.1 to 4.
Mr. Muhammad Aslam H. Jatoi, advocate for respondent No.5.
Mr. Abdul Rasheed Soomro, State Counsel.
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This petition was filed on 2nd February, 2016 and by now it is almost one year for a small issue in which no rules and regulations are required to be examined. The precise grievance of the petitioner is that in view of the anomalies in the dates and time of passing of examination of medical students and starting of their House Job there was some discrepancy of 2 months and 15 days time in completion of House Job. It is an admitted position from the comments filed by respondent No.6 after one year when this Court has issued warning that contempt of Court proceedings will be initiated against the President and Vice President, PMDC. A simple certificate is required like an ordinary certificate “To Whom It May Concern” that the petitioner has completed her House Job from 05.9.2015 upto 04.9.2016. This position is admitted in the comments by PMDC; however, no formal certificate has been issued for her record and for the satisfaction of the Educational Institution outside Pakistan for her higher studies. This delay has definitely contributed towards petitioner’s loss in the career building for the fault of respondent No.6. The e-mails have been sent after the order dated 23.12.2016 of this Court. The perusal of e-mails sent by respondent No.6 on 11.1.2017 shows that it contains following uncalled for paragraphs:
“Unfortunately, some hospitals granted house job / internship to the fresh graduates without having provisional registration of PM&DC, but till rectification of the mistake, the house job was well advanced. The Council decided that the students are not at fault and the responsibility of this violation rests with the administration of hospitals. The Council also decided to warn all the approved hospitals not to award house job unless the applicant doctor possesses a valid provisional registration certificate.
It is informed that these Pakistani graduates who have applied to GMC for registration are not at fault and as per decision of the PM&DC shall be granted full registration on completion of house job. In the same lines his house job is accepted from 05.09.2015 to 04.03.2016, and 05.03.2016 to 04.09.2016. You are requested to accept the similar cases and registration may be granted to them as your rules.”
It seems that e-mails after one year has been sent with intent to damage the petitioner’s career; however, no certificate has been issued as was directed on 11.1.2017, on which date before receiving the order of this Court such compliance had been made. Since the order dated 11.1.2017 has not been complied with in letter and spirit, issue contempt notice to Prof. Dr. Shabbir Ahmed Lehri, President PMDC and Prof. Dr. Abid Zaheer Farooqi, Vice President, PMDC to be present in person before this Court on 23.1.2017 at 1.00 p.m. and in case of their absence NBWs will be issued against them. They are directed to come with proper certificate which should reflect only the things required which may help the student in pursuing her career. It should be well-worded without reflecting any prejudice against the petitioner and without reflecting any maladministration in PMDC and the medical education in Pakistan. Both should be present in person along with certificate. This order should be communicated by Mr. Abdul Razak Jamali, Standing Counsel to respondent No.6 through his office.
Sd/- JUDGE
Sd/- JUDGE
ORDER-SHEET
IN THE HIGH COURT OF SINDH, CIRCUIT COURT LARKANA
C.P.No.D.1347 of 2016.
|
Date of hearing |
Order with signature of Judge |
1.For orders on office objection.
2.For Katcha Peshi.
23.01.2017
Petitioner Dr. Khanzadi Chandio present in person.
Dr. Shabir Ahmed Lehri, President, PMDC present
-.-.-.-.-.-.-
Mr. Muhammad Arif, advocate files power on behalf of respondent No.6, which is taken on record.
Respondent No.6 has filed written statement, which is taken on record. Learned counsel for PMDC has also filed requisite certificate viz. “TO WHOM IT MAY CONCERN”, which is also taken on record.
Professor Dr. Abid Zaheer Farooqi, Vice President, PMDC is absent, however, counsel for the respondent No.6 has said that he is not well, the flimsy excuses of the contemnors after defiance of the Court orders are of no consequences, it only aggravates the gravity of contempt. On 23 December 2016, the contemnors were given 15 days time and then on 11th January 2017 they were directed to be present in Court and explain their position in case of non compliance of the orders dated 23rd December 2016. On 11th January 2017 none of the contemnors were present and apparently in the name of the compliance of the order and to teach a lesson to the petitioner an adverse report has been sent by e-mail to the relevant Institutions where the petitioner intends to pursue her further academic carrier. The adverse comments having been communicated to Louisa Gale, International Applications Adviser, Registration and Revalidation Directorate, General Medical Council, 3 Hardman Street, Manchester, M3 3AW, U.K, instead of issuing requisite certificate for facilitating her admission in the said Institution. Therefore, on 18th January 2017, two contemnors mentioned in the order dated 11th January 2017 were directed to be present at 1 p.m today. Today one of the contemnors, namely Dr. Shabir Ahmed Lehri, President, PMDC is present. The contemnors are guilty of showing disrespect to this Court in the first instance by not complying the orders dated 23rd December 2016 within time and then further disrespect by sending e-mails containing adverse observations which on the face of it would damage the possibility of pursuing academic carrier by the petitioner in the aforesaid Institution. Therefore, this is a clear cut case of showing disrespect to this Court by both the contemnors. Therefore, they are directed to show-cause why the charge should not be framed against them and contempt proceedings should not be started.
Learned counsel for respondent No.6 seeks time to submit written explanation. Interesting enough he is not counsel for any of the two contemnors. Explanation is required to be filed by the other contemnor and in case of absence of any of the contemnors on next date warrants shall be issued to ensure their attendance in Court.
Adjourned to 26.01.2017 at 11:00 a.m
Sd/- JUDGE
Sd/- JUDGE
ORDER-SHEET
IN THE HIGH COURT OF SINDH, CIRCUIT COURT LARKANA
C.P.No.D.1347 of 2016.
|
Date of hearing |
Order with signature of Judge |
For orders on office objection A.
For Katcha Peshi.
26.01.2017.
Petitioner Dr. Khanzadi Chandio present in person.
M/S. Habibullah G. Ghouri and Faiz Muhammad Larik Advocate for respondents No.1 to 4.
Mr. Riaz Ahmed Soomro Advocate for Respondent No.6.
Mr. Abdul Razak Jamali Standing Counsel.
Miss Sara Rubab Nasir, C.L.O, PMDC.
Mr.Shafi Muhammad Chandio, Addl.A.G.
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Mr. Asif Ali Abdul Razak Soomro, Advocate files vakalatnama on behalf of contemnor/ Respondent No.6, which is taken on record.
The contemnors Dr. Shahid Ahmed Lehri, President PMDC and Prof. Abid Zaheer Farooqi Vice President PMDC are present in court and have filed comprehensive statement attempting to show that no conscious efforts were made to hamper the possibility of petitioner’s admission in Louisa Gale U.K. However, both the contemnors have regretted about having included the two uncalled for passages in letter dated 11.1.2017 which according to their record was sent through email to the said institution on January 10th 2017. It is regretted that during the proceedings it has come on record the PMDC is not vigilant in promoting and facilitating the student from Pakistan to get admission in foreign institutions. No justification has been extended that why the request dated 8.8.2016 could not be attended until this petition was filed and that how suddenly it was attended in a reckless manner which may prejudice the case of the petitioner for admission. Miss Sara Rubab Nasir, Law Officer, PMDC has attempt to justify the said passage by referring to annexure ‘C’ at page 21. She has referred to question No.3b and its last part which reads as under:
“If ‘no’ please explain why the applicant was allowed to work in a medical capacity without holding registration or a licence with the appropriate medical regulator”.
She stressed that the two passages in the letter dated 11.1.2017 was the reason furnished by PMDC as regulator to General Medical Council. However, she conceded that the reasons given to the GMC through the said letter could be damaging and in future it will not be repeated. Be that as it may. Both the contemnors have tendered unconditional apology and are ready to cooperate with the petitioner to ensure her admission in that particular institution mentioned above or in any other institution around the world in which they would be required to assist if the need be from the foreign institution for pursuing her future carrier in the medical field as per rules and regulations of PMDC.
The PMDC will issue a fresh registration certificate Annexure “E” to the petitioner giving correct dates as already determined and decided between petitioner and respondent No.3 and 6. The petitioner will surrender the original copy of previous Annexure “E” to the respondent No.6 through their counsel Mr. Asif Ali Abdul Razak Soomro, on the next date of hearing. By the next date Mr. Asif Ali Abdul Razak Soomro, on behalf of his client of his clients representative would submit in the court duly issued medical certificate to the petitioner issued on the same dates on which the previous was issued. In this regard the requirement from the said Chandka Medical College that a proper request should be made for change or correction of date in the said PMDC registration certificate is already handed over by Prof. Dr. K. Das, Vice Principal CMCH, Larkana/Respondent No.3 to the respondent No.6 in court today to the satisfaction of department of respondent No.6. Therefore there is no impediment in issuing fresh one. Besides the above the respondent No.6 would send an email draft whereof has been placed on court record to control the damage if any already done to the petitioner by previous email to GMC. A copy of the same is provided to the petitioner. At the request of petitioner contemnor No.1 has also given an undertaking on behalf of PMDC which is reproduced below and a original copy of this undertaking is handed over to the petitioner.
“UNDERTAKING FROM PMDC”
1. Not to victimize Dr. Khanzadi Chandio in any manner and please ensure that Dr. Khanzadi is career on Medical practice shall not be affected due to this
2. If the letter written by PMDC to GMC is not acceptable, then PMDC should re-assess the letter to GMC in accordance with GMC satisfaction and PMDC Rules without any delay or writing/ commenting negatively or making unsatisfactory remarks against Pakistani Institutions (Hospitals & Colleges and Dr. Khanzadi).
3. If Dr. Khanzadi needs any certificates letters from PMDC to apply anywhere in the world or for any other purposes she shall be issued such certificates and letters without causing any problems for Dr Khanzadi within 15 days of receiving request.
4. This undertaking is exclusively in the subject/matter above petition.
Larkana (Professor Dr Shabir Ahmed Lehri)
Dated: 26.1.2017. President PMDC”
It is hereby clarified that in case any request coming from the foreign institution or from the petitioner for assisting the petitioner for her admission if the request is declined the PMDC should refer such rules on the basis of which the request cannot be acceded.
In view of the above the apology tendered by the contemnors is accepted, the show-cause notice stand vacated. Adjourned to 31.1.2017 at 11.00 AM
Sd/- JUDGE
Sd/- JUDGE
ORDER-SHEET
IN THE HIGH COURT OF SINDH, CIRCUIT COURT LARKANA
C.P.No.D.1347 of 2016.
|
Date of hearing |
Order with signature of Judge |
31.01.2017.
Petitioner is present in person.
M/S Asif Ali Abdul Razzak Soomro and Safdar Ali Ghouri, advocate for the respondent No.6.
Mr. Abdul Razzak Jamali, Standing Counsel.
The order dated 26.01.2017 is complied with in letter and spirit. The petitioner has surrendered previous original registration certificate annexure E and handed over it to the counsel for the respondent No.6. Respondent No.6 has provided/duly issued registration certificate to the satisfaction of the petitioner. Even the proof of sending email as desired by the petitioner and contents whereof have been approved on the last date of hearing have been sent by the respondent No.6 to the relevant office. The matter ends here. Petition stands disposed of.
However, before parting with this judgment, keeping in view the facts and circumstances brought to the notice of this Court during the hearings, it is necessary to ensure that these kind of cases in which students’ career is generally disturbed should not be repeated. We have also noticed that during the proceeding, the PMDC representative has conceded that required correspondence with General Medical Council (GMC) was carrying certain passages which could have been adverse to the possible admission of the students in the foreign institutions. They have agreed to suitably modify such passages in the correspondence required between PMDC and the GMC in the process of admission of students in foreign institutions. Therefore, we would draw the attention of PMDC to a judgment of the Hon’ble Supreme Court reported as Government of Punjab v. Sameena Parveen and others (2009 SCMR 1). In this case the Hon’ble Supreme Court has held as follows:
“…… if a Tribunal or this Court decides a point of law relating to the terms and conditions of a civil servant who litigated, and there were other civil servants, who may not have taken any legal proceedings, in such a case, the dictates of justice and rule of good governance demand that the benefit of the said decision be extended to other civil servants also, who may not be parties to that litigation instead of compelling them to approach the Tribunal or any other legal forum. This view was reiterated by this Court in the case of Tara Chand and others v. Karachi Water and Sewerage Board, Karachi and others 2005 SCMR 499 and it was held that according to Article 25 of the Constitution of Islamic Republic of Pakistan, 1973 all citizens are equal before law and entitled to equal protection of law.”
It is expected that the orders passed in this particular petition filed by Dr.Khanzadi, shall be equally applicable on all the students who are not before the Court and the respondent No.3 (CMC) and respondent No.6 (PMDC) would facilitate each one of the students, if they have any need of the nature with which the petitioner was confronted.
Sd/- JUDGE
Sd/- JUDGE