PESHAWAR: In the wake of an agreement between the provincial government and different doctors, two of the petitioners challenging the Medical Teaching Institutions Reforms (MTIR) Act 2015 on Wednesday withdrew their petitions from the Peshawar High Court with the permission that in case of non-implementation of the said agreement, they would move the court again.

A five-member larger bench of Peshawar High Court was informed by counsel appearing for two of the petitioners, PGMI (Post Graduate Medical Institute) Teaching Association and an employee of Lady Reading Hospital (LRH) Dr Adnan Khan, that after the latest development of the signing of an agreement between the two sides on Nov 26, the petitioners had decidedto withdrew their cases if they were allowed to file fresh cases of the agreement was not implemented.

Khyber Pakhtunkhwa advocate general Abdul Lateef Yousafzai and advocate Arshad Ali, appearing for MTIs did not oppose their contention following which the bench headed by the Chief Justice Mazhar Alam Miankhel disposed of the two writ petitions.

Another petition filed by the Nursing Association Peshawar was disposed of as it had become infructuous after the AG and the MTPs counsel informed that an impugned notification of the provincial government about the formation of a surplus pool had already been withdrawn.

The petitioner`s counsel, Khushdil Khan, said on June 24, the impugned notification was issued through which the civil servantsworking in MTIs were asked to give option whether they want to absorb in the MTIs or want to remain civil servant.

He added that in case of their nonabsorption, they would be sent to the surplus pool, which was even a violation of the MTIR Act as under the said law, nowhere such powers had been assigned to the government.

Lateef Yousafzai and Arshad Ali pointed out that on Aug 26, the said notification had been withdrawn following which there was no need for the petitioner to further pursue the petition.

Now, four petitions challenging different provisions of the MTIR Act are pending with the bench.

These petitioners are Teachers Association Khyber Medical College, Pakistan Medical Association, Khyber PakhtunkhwaChapter through its president Dr Hussain Ahmad Haroon, and paramedics and nursing staff of Hayatabad Medical Complex.

Lawyers for the petitioners, including Mian Muhibullah Kakakhel and Zafar Khan Tahirkhell, completed their arguments following which the bench adjourned hearing until today (Thursday).

Opposing the institutional based private practice in MT1s, Mian Muhibullah Kakakhel argued that the same system was earlier introduced in 2001 but had badly failed and the provincial government had to finally abandon that practice. He added that if doctors were allowed to conduct their private practice in the hospital it would convert these MTIs into private business concerns.-Bureau Report