| Citation(s) |
|---|
| 2021 SLG 988 2021 SLD 988 2021 CLC 1039 |
Peshawar High Court
Writ Petitions Nos. 2835-P, 856-A, 2971-P and 5475-P of 2020, decided on 4th February, 2021, Date of hearing: 4th February, 2021.
ROOH UL AMIN KHAN, JUSTICE, SYED ARSHAD ALI, JUSTICE
Muhammad Ijaz Khan Sabi for Petitioner. Qazi Babar Irshad, DAG, Arshad Ahmed, AAG, Qazi Jawad Ihsanullah and Hamza Wali for
Respondents.
Writ Petitions Nos. 2835-P, 856-A, 2971-P and 5475-P of 2020, decided on 4th February, 2021, Date of hearing: 4th February, 2021.
ROOH UL AMIN KHAN, JUSTICE, SYED ARSHAD ALI, JUSTICE
Muhammad Ijaz Khan Sabi for Petitioner. Qazi Babar Irshad, DAG, Arshad Ahmed, AAG, Qazi Jawad Ihsanullah and Hamza Wali for
Respondents.
WAFA GUL
VS
SECRETARY HEALTH TO GOVERNMENT OF KHYBER PAKHTUNKHWA, PESHAWAR AND OTHERS
Law: Constitution of Pakistan, 1973
Section: 16,21
Law: Constitution of Pakistan, 1973
Section: 189
MBBS BDS (Admission, House Job and Internship) Regulations, 2018--- ----Rglns. 16 21---Constitution of Pakistan, Arts. 189---House job stipend---Judgment of Supreme Court---Effect--- Petitioners were young doctors doing their house jobs in private sector hospitals--- Plea raised by petitioners was that under Regln. 21 of MBBS and BDS (Admission, House Job and Internship) Regulations, 2018, framed under Pakistan Medical and Dental Council Ordinance, 1964, hospitals were bound to pay stipend amount to them which was to be not less than the highest amount paid in any public sector hospital in the Province of Khyber Pakhtunkhwa--- Validity--- Judgment of Supreme Court on the subject was in field and had binding effect under Art.189 of the Constitution---Petitioners were entitled to stipend equal to the highest amount of stipend paid to House Job Officers of Public Sector hospitals---Constitutional petition was allowed accordingly. Writ Petitions Nos.2800, 2825, 3837, 3901 and 3905 of 2019 ref. Human Right Case No.38513 of 2018 (regarding stipend of house Officer graduate of private medical colleges fol. JUDGMENT ROOH-UL-AMIN KHAN, J.---- Through this common judgment, we propose to decide the instant and the following connected writ petitions, filed by the petitioners (House Job Officers of Private Sector Hospitals), as identical question of law and fact is involved therein. i. Writ Petition No.856-A/2020 (Dr. Wafa Javed v. Government of Khyber Pakhtunkhwa through its Secretary Health Civil Secretariat, Peshawar and others. ii. Writ Petition No.2971-P/2020 (Dr. Muhammad Ayaz and others v. Pakistan Medical and Dental Council through its Registrar PMDC and others. iii. Writ Petition No. 5475-P/2020 (Dr. Muhammad Hassan Khan v. Pakistan Medical Commission (PMC) through its Registrar, Islamabad and others. 2. The petitioners have completed MBBS Degrees from Private Sector Medical Colleges, namely, Rehman Medical College (RMC), Pak International Medical College (PIM), Hayatabad Peshawar, and Women Medical and Dental College (WM DC), Abbottabad, in the year 2020 and started House Job in the Private Sector Hospitals of the respondents. Their grievance is that under…
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