KARACHI: The Sindh High Court has dismissed at the preliminary stage a petition challenging the reappointment of Dr Nighat Shah, daughter of former CM Sindh Qaim Ali Shah, as a professor following her retirement, observing that the Sindh cabinet’s decision was essentially a policy matter and that no apparent jurisdictional defect or mala fide intent had been established.
A division bench comprising Justice Adnan-ul-Karim Memon held that the court, in exercise of its constitutional jurisdiction under Article 199, could not interfere with administrative policy decisions or appointments unless a clear violation of law or mala fide was demonstrated.
Court finds no apparent illegality in cabinet decision
The petition challenged the Sindh cabinet’s decision concerning Dr Nighat’s reappointment, arguing that the decision had been taken shortly before her retirement while the recruitment process for a professor in the gynaecology department was already under way.
Counsel for the petitioner, Naeem Iqbal, contended that reappointment after retirement was not a vested right but an extraordinary measure.
He argued that the petitioner, Dr Maimoona, was entitled to consideration for appointment as professor in the department.
The court, however, noted that the cabinet had directed that Dr Nighat be considered for appointment in view of the public interest and the need to improve education and research.
Importantly, the bench observed that the cabinet decision itself did not constitute an appointment to the professorial post and did not dispense with the legal requirements governing the appointment process.
PMDC rules cited by court
The court further observed that regulations of the Pakistan Medical and Dental Council (PMDC) allow faculty members of government institutions to be retained after retirement, subject to the needs and applicable laws and regulations of the institution.
The bench said Dr Nighat’s reappointment should not adversely affect the promotion or seniority of existing university employees.
The observation comes amid controversy surrounding the Sindh government’s decision to retain Dr Nighat, who heads the gynaecology and obstetrics department at Jinnah Hospital and is the daughter of former Sindh chief minister Qaim Ali Shah.
Earlier reports had questioned the decision to extend her tenure for three years and raised concerns about its possible impact on the seniority and career progression of associate professors.
Dr Nighat rejects concerns over other doctors’ careers
Dr Nighat had previously clarified that her continued appointment was not intended to obstruct the posting or promotion of any other doctor.
She said the hospital needed more specialist doctors and that she had no objection to the appointment of qualified candidates. She also pointed to the restoration of a previously non-functional gynaecology unit and said patient care, postgraduate training and research activities were continuing.
Court declines to interfere in policy matters
Justice Memon observed that constitutional jurisdiction could not be used by the court to substitute its opinion for that of the administration in matters of policy.
The bench held that judicial intervention would only be warranted where a decision was shown to be tainted by mala fide or was in clear violation of the law.
