IHC reinstates sacked top brass of nursing council

ISLAMABAD: The Islamabad High Court (IHC) reinstated top brass of the Pakistan Nursing and Midwifery Council (PNMC)—the President and Vice President respectively.

According to a 30-page verdict by IHC’s Justice Tariq Mehmood Jahangiri, the court declared the removal of PNMC President Jawad Amin Khan and Vice President Shahid Hussain as illegal and ordered their reinstatement with immediate effect.

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In 2023, the Ministry of National Health Sciences, with federal government approval, replaced Jawad Amin Khan with Farzana Zulfiqar as President of the PNMC. However, the IHN ruled that Zulfiqar’s appointment was unlawful, declaring it without legal consequence and setting it aside.

Both Amin and Hussain challenged their removal in the IHC, asserting their rights under writ petitions 2509 of 2024 and 3684 of 2023. The court found their claims valid and ordered the federal government and health ministry to restore Amin and Hussain to their positions, while terminating Zulfiqar’s appointment.

Amin and Hussain were initially appointed as the president and vice president of the PNMC respectively for three years, following the proper approval processes outlined in the Pakistan Nursing Council Act, 1973.

They argued that their removal by the caretaker government violated the amended act and their constitutional rights.

The court noted that the caretaker prime minister’s actions to remove them were unjustified and exceeded his authority, as caretaker governments are only meant to handle day-to-day affairs.

Additionally, neither Amin nor Hussain received a show-case notice regarding their removal, which is a violation of due process.

The court stated that their appointments were made with the Prime Minister’s and federal cabinet’s approval, making their removal without similar approval unlawful. Reports indicate that PNMC has been facing administrative challenges, which Amin had actively addressed since his appointment in 2022, leading to significant improvements in a short time.

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Closure of over around 50 nursing institutions over non-fulfilment of the required criteria across the country was one of such major steps. The council banned all kinds of admissions in these institutions.

During that period, the council also launched a digital system for nurses’ registration as to make it accessible as well as to enhance the transparency at the organization. It also planned to keep nurses shortage issue among priority list.