PESHAWAR: A Peshawar High Court bench on Tuesday stopped the National Accountability Bureau, Khyber Pakhtunkhwa, from inspecting a private medical college by issuing a stay order.
The Abbottabad International Medical College had moved the court maintaining the NAB has no authority to carry out such inspections.
Chief Justice Mazhar Alam Miankhel and Justice Mohammad Daud Khan directed the bureau to maintain status quo in the case until next order.
Asks bureau to explain position in Abbottabad college inspection case
They also directed the NAB deputy prosecutor general to appear before it on the next hearing and explain position on the matter.
The court issued the directives during the hearing into the petition of the Abbottabad International Medical College filed through its principal, Fayyaz Ahmad Qureshi.
Abdur Rauf Rohaila, lawyer for the petitioner, said on July 7, 2015, the high court had accepted four petitions of private medical colleges, including the present petitioner, Jinnah Medical College Peshawar, Al-Razi Medical College Peshawar and Women Medical College Abbottabad.
He said the petitioners had challenged the issuance of letters to them by the NAB wherein they were asked to ensure the presence of all staff members and to cooperate in the inspection of the colleges’ records, facilities and recognition documents.
The lawyer said the high court in that verdict had clearly pronounced that under the law, it was the responsibility of the Pakistan Medical and Dental Council (PMDC) to inspect whether medical and dental institutions fulfil the requisite criteria mentioned in the PMDC Regulations 2012.
He said the court had already ruled that under the circumstances, the NAB’s intervention in the affairs of the institutions was quite surprising as such acts didn’t fall in its purview.
Mr. Rohaila said the Supreme Court had also dismissed an appeal filed by the NAB and upheld the high court judgment.
He said despite the clear judgments of the superior courts, the NAB had once again sent letters to the petitioner as well as some other medical colleges for inspecting their colleges.
The lawyer said the last letter in that respect was issued to the petitioner on May 17, 2016.
He said the petitioner’s college had been duly recognised by the PMDC, which had been further notified by the federal government in line with the PMDC Ordinance 1962.
The lawyer said the medical and dental colleges were regulated for the purpose of uniform standards and all other technical matters by the PMDC, which was the apex body as well as regulatory authority of the medical and dental profession as well as medical institutions the recognition of which in all matters were governed by it under the ordinance.
He said the process of recognition was a five-fold activity involving the scrutiny of the documents by the federal government at the initial stage and forwarding of the same to the PMDC if found in order; inspection of the premises by a team of expert inspectors; recommendation of the inspection team about the facilities, faculty and other relevant requirements to impart training to medical and dental students; submission of the said report of the inspection team to the PMDC executive committee for consideration, making of final recommendations to the federal government, and issuance of notification of recognition to the college to announce admissions and start training.
A representative of the PMDC also appeared before the bench and said it was the mandate of his organisation to check facilities in a medical college and other related issues and not NAB’s.
Courtesy : Dawn News