Law: Constitution of Pakistan, 1973

Section:

SUMMARY OF THE JUDGMENT

Through this consolidated order, the Court decided two connected writ petitions wherein the petitioners—both Postgraduate Residents (PGRs) at Benazir Bhutto Hospital—challenged their termination orders dated 30.04.2025 and 02.05.2025, issued by the Specialized Healthcare and Medical Education Department (SH&ME), along with PMDC notices of the same date.

The petitioners asserted that they were selected on merit for Level-III Postgraduate Residency Program (as per notification dated 15.05.2024) and were terminated on allegations of misconduct, agitation, and participation in strikes, without any inquiry, and without following the mandatory procedure under Clause 13.3 of the Postgraduate Residency Policy and Procedure Manual (PPM). They denied participating in any protest and filed sworn affidavits. Their Heads of Department also issued formal certificates confirming their continuous presence on duty and non-participation in strikes.

The Court noted that although Clause 13.4 prohibits participation in strikes and makes training liable to termination, Clause 13.3 explicitly provides a one-time right of appeal before the Secretary against the decision of the Departmental Committee. However, in this case, the Secretary—who is himself the appellate authority—directly terminated the petitioners without referring the matter to the Departmental Committee, thereby depriving them of their statutory right of appeal and violating Articles 4 and 10-A of the Constitution.