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

Section: 2(i),4, 4A,4A(4)(d), 5,5(7),16,16(8),16-A,23

Law: Constitution of Pakistan, 1973

Section: 175(2)

 (1) The educational institutions are the best judges of their own rules and regulations (2) The Tribunal under the MTI Act has no suo moto powers (3) The Court and Tribunal act as neutral arbiters rather than investigators or policy makers. Summary The Supreme Court of Pakistan allowed all connected civil petitions, set aside the Khyber Pakhtunkhwa Medical Teaching Institutions Appellate Tribunal’s judgment, and held that the Tribunal had exceeded its appellate jurisdiction by declaring the amended promotion policy ultra vires and ordering review or reversion of employees promoted since 2015 without hearing them. The Court emphasized that the Tribunal had no suo motu jurisdiction, was bound by the pleadings, and could not interfere with institutional policy-making or pass adverse orders against persons who were not parties to the proceedings. Dr. Yasir Rehman Khattak and Dr. Nasreen Kishwar were permitted to apply afresh for promotion after completing the required five years’ service in BPS-18. Core Points The petitions arose from the consolidated judgment dated 22.05.2025 of the Khyber Pakhtunkhwa Medical Teaching Institutions Appellate Tribunal. Delay in filing three civil petitions was condoned because satisfactory reasons were shown and there was no opposition The Policy Board had approved amendments to Appendix-8 of the Model MTI Regulations in January 2023. The amendments introduced accelerated promotion for outstanding merit after at least four years of service, subject to obtaining 70% or more marks. The Departmental Promotion Committee found Dr. Yasir Rehman Khattak and Dr. Nasreen Kishwar eligible under the accelerated promotion policy. The Institutional Promotion Committee declared them ineligible because they lacked five years’ experience under the Pakistan Medical and Dental Council requirements. The Tribunal dismissed their appeals but also declared the amended Appendix-8 ultra vires. The Tribunal directed scrutiny and reversal of promotions granted across all MTIs since 2015. The Supreme Court held that these directions were beyond the pleadings and the Tribunal’s lawful jurisdiction. The affected employees were not…