Case Details

Citation(s)
2025 SLG 4836 2025 SLD 4836 = 2025 PLC 850
Peshawar High Court
Writ Petition No.4212-P of 2022 with IR (other connected petitions), decided on 24th April, 2024.
Before S M Attique Shah and Dr. Khurshid Iqbal, JJ
Zartaj Anwar for Petitioners. Mir Zaman Safi for
Respondents Nos. 1 and 2. Rehmat Ali Khan, A.A.G. for the Provincial Government. Qazi Jawad Ihsanullah, Amicus Curiae.

The BOARD OF GOVERNOR through Chairman, Khyber Teaching Hospital (MTI), Peshawar and another

VERSUS

KHYBER PAKHTUNKHWA MEDICAL TEACHING INSTITUTIONS, APPELLATE TRIBUNAL, PESHAWAR

Law: Khyber Pakhtunkhwa Medical Teaching Institutions Reforms Act, 2015 ("MTI Act")

Section: IV,16A

Law: Constitution of Pakistan, 1973

Section: 199,212

Khyber Pakhtunkhwa Medical Teaching Institutions Reforms Act (IV of 2015)-------S.16(A)---Constitution of Pakistan, Arts.199 & 212---Civil Service---Decision of Khyber Pakhtunkhwa Medical Teaching Institutions Appellate Tribunal, Peshawar---Interference by High Court---Scope---Bar contained under Art. 212 of the Constitution---Scope---Decisions/judgments of both the Federal and Provincial Administrative Tribunals established under an Act of Parliament or Provincial Assembly are to be challenged before the Supreme Court of Pakistan by a special constitutional scheme provided under Art. 212 of the Constitution, thus, the High Court under its constitutional jurisdiction cannot entertain such like matters---Writ petitions being not maintainable were disposed of with a direction to office of the Court to return the petitions to the petitioners, who were at liberty to challenge the judgments/orders of Tribunal before the appropriate forum.Syed Asghar Ali Shah and another v. Kaleem Arshad and others 2024 SCMR 563 rel.Date of hearing: 24th April, 2024.JUDGMENTS M ATTIQUE SHAH, J.----By way of this single judgment, we intend to dispose of this and; connected Writ Petitions Nos.3145, 3328, 3329, 3331, 4286, 4867-P/2022, 163, 3437 and 5655-P/2023 as common questions of law and; facts are involved therein.2.    In essence, petitioners in all these cases are aggrieved from the judgments / orders passed by worthy Khyber Pakhtunkhwa Medical Teaching Institutions Appellate Tribunal Peshawar 'Tribunal' established under section 16 (A) of the Khyber Pakhtunkhwa Medical Teaching Institutions Reforms Act, 2015 in their respective cases, except W.P. No.4286-P/2022, wherein, petitioners are aggrieved from the decision of the respondents by not treating them at par with their other colleagues, who have been granted BPS-12.3.    Keeping in view the fact that appeal against the Administrative Tribunal lies to the Honourable Supreme Court of Pakistan in terms of Article 212 (3) of the Constitution of the Islamic Republic of Pakistan, 1973 together with the latest judgment of the august Apex Court on the subject rendered in Kaleem Arshad's…
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