SALAHUDDIN PANHWAR, J.-- By short order, with consent of the parties, instant petition was disposed of in the following terms:-
(i) Government of Sindh shall issue notification with regard to establishment of 'Sindh Healthcare Commission' within active spirit of Sindh Healthcare Commission Act, 2013 within one month.
(ii) After issuance of notification, Commission shall constitute bodies on division level and frame policy within two months for the improvement, access, equity, and quality of healthcare service so also to ban quackery in all its forms.
(iii) Till formation of Commission and its implementation in its letter and spirit, District and Sessions Judge (s) of all districts shall constitute a Committee, under their command, consisting of Deputy Commissioner, Medical Superintendent or Civil Surgeon, A as the case may be, and two other members, for managing and controlling the affairs of all hospitals of public sector in their respective districts. In case there is any violation, in any manner, such Committee would be competent to take action or to recommend necessary action to competent authority for decision in accordance with law.
(iv) The Section 30 of Sindh Healthcare Commission Act, 2013 provides active role of District and Sessions Judge towards implementation of said Act by vesting exclusive jurisdiction to examine validity of any action, made or done under said Act, therefore, they shall depute any judge for surprise visit. The District and Sessions Judge shall be competent to take jurisdiction if report so warrants within spirit of section-30 of Act or if otherwise shall report to Commission.
(v) Medical Superintendents of all public sector hospitals in Larkana would be separate; such post would be filled within fifteen (15) days; Needless to mention that Government of Sindh shall ensure that on such administrative posts, all the persons are having degree(s) of additional qualification of MPH or DPH as provided in National Health Policy.
(vi) Government of Sindh shall handover all teaching hospitals to universities for complete control, management and proper functioning thereof. The universities are required to continue with policy with regard to fees as being charged in public sector. Govt. Of Sindh will handover complete infrastructure as well as the budget so allocated for teaching hospital, as per requirement and policy. The Vice Chancellors of the universities however shall constitute a Board to run the affairs of hospitals and also will frame policy(-cies) with regard to all relevant fields. Needless to mention here that they would be accountable to Govt. Of Sindh through Health Department, with regard to audit and accounts.
(vii) The Secretary Health contends that budget with regard to maintenance and repair has already been released and such work would be completed and maintained under the supervision of Commissioner.
(viii) In Teaching Hospitals, all expenditure including purchase of equipments or erecting buildings would be completely under the control and command of university and Commissioner would be supervising authority as notified by the Govt. Of Sindh. This condition is applicable prospectively and not retrospectively.
(ix) Deputy Commissioner and District Health Officer and Drug Inspectors shall pay surprise visits at all medical stores within their territories including the medical stores available in the hospitals of private sector and shall ensure that no fake medicines and expired medicines are sold and they shall also ensure that the medicines are provided at the market rates on presentation of prescriptions only. In case of any violation they shall recommend such cases for penal action in accordance with law. Such report shall be filed on monthly basis through Additional Registrar of this Court.
(x) It is noted that in Civil Hospitals in emergency situation(s) the safety of doctors and paramedical staff is a big issue, therefore, concerned S.S.Ps are hereby directed that they shall establish well-equipped police pickets in such public hospitals in order to maintain the law and order situation and shall ensure that proper protection is provided to the doctors and paramedical staff. At the same time, administration of hospitals shall arrange private/outsourced security. At this juncture, Secretary, Health undertakes that he will introduce security plan in Teaching Hospitals of Interior Sindh with regard to security of doctors and paramedical staff as has been introduced in NICH, Karachi, within five months.
(xi) Government of Sindh shall deploy Rangers and police force in Shaheed Mohtarma Benazir Bhutto Medical University, Larkana, and its affiliated colleges and police force, such force shall ensure that the decorum of the university is maintained and no one shall be allowed to disturb the classes or officials while performing their duties and benefit of such facility shall not be terminated until alternate arrangements are made.
(xii) In view of Section 20 of P.M.D.C. Rules: Dean, Principal or Vice Chancellor will act as Chief Executive of teaching Hospital. Needless to mention here that service structure and matters relating thereto would be governed by service Laws through Health Department.
(xiii)Secretary, Health shall refer the vacant positions in Health Department for all posts which shall be filled through Sindh Public Service Commission within 15 days and Chairman, Sindh Public Service Commission, present today, shall ensure that such posts are filled within three months with compliance report.
(xiv)Commissioners of each Division, being administrative authority, would be competent to make surprise visits at any hospital at their own or on a complaint; in case of any malfeasance or misfeasance they shall refer the matter to concerned authorities for penal action.
(xv) Chairman, Anti-Corruption Establishment, Sindh shall constitute teams based on competent officers on emergency basis, all over Sindh and all issues of hospitals of public sector shall thoroughly be probed from January 2014; wherever any illegality or irregularity or fraud is detected, all the delinquents shall be booked under the relevant laws with compliance report. This exercise shall be completed within two months.
(xvi) Secretary, Health Department, present ensures that biometric system would be introduced and implemented in all Health Department within three months.
(xvii) Secretary, Health Department, present, stated to have provided all facilities towards establishment of 'burns ward' in Larkana and to make it functional within a period of two months; similarly in Hyderabad burns wards all requisite equipment's and relevant staff including doctors shall be provided within one month. District and Sessions Judges of concerned Districts shall ensure that compliance is made.
(xviii) Doctors and Paramedical staff, providing services of protecting lives of people in hospitals, shall not be allowed to go on strikes in any manner as same may cost life. In case of any strike, necessary legal action shall be taken against all the responsible persons.
(xix) Office shall send this order to all concerned quarters, as well AAG for compliance--
2. While recording the reasons for said short order, it is pertinent to mention that the instant petition relates to health issue of public sector in 'Larkana' as 'medical Hub' , having as many as Nine (09) hospitals:- i) Civil Hospital, Larkana; ii) CMC Teaching Hospital, Larkana; iii) Sheikh Zaid Women Hospital Larkana; iv) Pediatric Surgery Hospital Larkana; v) Cardiology Hospital Larkana; vi) Hilal Ahmar Hospital Larkana; vii) LINAR Hospital, Larkana; viii) Dental College and Dental OPD Larkana; ' With no objection of ensuring health care to public at large, of that area as well adjoining Districts of Balochistan and Punjab Provinces but ground realities speak otherwise as reported by Commissioner Larkana and Hyderabad, and District and Sessions Judge Larkana, are facing hardship, some highlights are as under:-
1. Consultants/A. Ps, Associate Professors and Professors not performing their duties properly in Government hospital rather focusing at their private clinics;
2. Shortage of medicine at Government institutions/hospitals;
3. No waste management or infrastructure for disposal of waste with Government and private hospitals which result in improper disposal thereof resulting into spreading serious and fatal diseases like HIV Aids, Hepatitis, Tuberculoses and skin diseases etc.; 4 absence of hygienic conditions at Government and private hospitals; ' It was further pleaded that despite considerably huge investment in health care field 'Hospital Waste Management Rules' as prescribed under Pakistan Environmental Protection Act, 1997, are not observed; hospitals have become factories of 'producing dangerous waste' putting lives of innocents into danger. There has been serious and huge corruption, mismanagement and embezzlement in name of health care service by Medical Superintendents. In such background, it is prayed that: 1) To declare that the Establishment and Working of Medical Hospitals (Public and Private) are quite contrary to the rules prescribed in Pakistan Medical Health and Environmental Protection Act-1997 having no infrastructure available in terms of disposal of wastes and other harmful substances for human life; 2) TO appoint any competent Judicial Officer to conduct enquire on the issues pointed out in para No,3 of petition regarding health facilities and management must be available in Government Hospitals as well in Private hospitals; (3)To direct the official respondents to ensure attendance of consultants, Medical Officers and Women Medical Officers in Government Hospitals and they further be directed to take necessary efforts in the light of report to be submitted by enquiry officer; (4)To direct respondents to established permanent system for the service of people with full motivation and spirit as available in other medical institutions;
(5) Direct the respondents to Ensure Waste Management Disposal in each and every hospital for Medical institute working in Larkana;
3. The respondents Nos.1 and 6 filed their respective comments wherein denied allegation regarding 'non-performance of duties by staff'; shortage of medicines and corruption however, could not deny the position regarding that 'proper waste-disposal system'. Both the respondents stated that no consultants/professors, Associate Professors and assistant Professors are posted under their control , however, stated that Government has passed Health Commission Act 2013 to control and monitor the 'public and Private section Health Facilities, including discharge of duties.
4. There is no denial to the fact that it is indeed the absolute responsibility of the 'State' to ensure proper health care service to every single citizen because such (health care service) does includes within meaning of 'life'. The term 'life' shall not describe its true meaning if it is confined to an act of breathing by a human-being. It always does and shall include all such amenities and facilities which a person born in a free country is entitled to enjoy with dignity. The moment one becomes entitled to the status of 'citizen' it becomes the responsibility of the 'State' not in books alone but practically to ensure a guarantee to all such amenities and facilities with due 'dignity'. The health care service is undeniably falls within meaning of the 'life' as guaranteed and protected by the Article 9 of the Constitution. Operative part of the case, reported as PLD 1994 SC 693, is reproduced hereunder:- "Life includes" all such amenities and facilities which a person born in a free country is entitled to enjoy with dignity, legally and constitutionally'. It is further explained therein that "The word 'life' in the Constitution has not been used in a limited manner. A wide meaning should be given to enable a man not only to sustain life but to enjoy it."
Complaint, regarding infringement of 'fundamental rights shall never go un-noticed because the Constitutional Courts are the ultimate guardian of 'fundamental rights'. Reference can be made to the case of Corruption in Hajj Arrangements in 2010 (PLD 2011 SC 963), wherein it was held that: "20. The judiciary including the High Courts and the Supreme Court is bound to protect and preserve the Constitution as well as to enforce fundamental rights conferred by the Constitution either individually or collectively, in exercise of the jurisdiction conferred upon it either under Article 199 or 184(3) of the Constitution.
5. Further, it needs not be referred that a petition, qualifying the term 'probono publico' shall always be sustainable and question of status of person shall be of no significance. A reference to the case of lubal Haider v. Capital Development Authority (PLD 2006 SC 394), being relevant, is made here- in-below:- '30 It would be appropriate to quote reference from the judgment for convenience, wherein this Court has highlighted very important principle to attract the provisions of Article 184(3) of the Constitution:- maintainability of a petition under Article 184(3) of the Constitution is to be examined not on the basis as to who has filed the same but if the controversy involves question of public importance with reference to enforcement of any of the fundamental right, petition will be sustainable.'
In addition to above principle, this Court in the case of Javed Ibrahim Parachi v. Federation of Pakistan and others (PLD 2004 SC 482) has held that 'a person can invoked the constitutional jurisdiction of the superior courts as pro bono public' but while exercising this jurisdiction, he has to show that he is litigating, firstly, in the public interest and, secondly, for the public good or for the welfare of the general public. The word 'pro bono public' as defined in Black's law Dictionary, Chambers Dictionary and Oxford, Dictionary general means 'for the public good' or 'for welfare of the whole' being or involving uncompensated legal services performed especially for the public good. 'Public interest' in the Black Law Dictionary, has been defined as the general welfare of the public that warrants recognition and protection. Something in which the public as a whole has a stake; esp. An interest that justifies governmental regulation. It thus signifies that in case of public interest litigation, one can agitate the relief on his own behalf and also on behalf of the general public against various public functionaries, where they have failed to perform their duties relating to the welfare of public at large, which they are bound to provide under the relevant laws.
' In another case of 'Muhammad Shariq v Federation of Pakistan' (PLD 2015 Islamabad 180), it is held that:
13. Constitutional jurisdiction of this Court under Article 199 is not fettered by provisions of subordinate legislation and it can be brought into operation in aid of a citizen whose fundamental rights are put in jeopardy. The honorable Supreme Court in case of Abdul Basit (2012 SCM R 1229) supra held in unambiguous term that Article 199(3) of the constitution had to be strictly construed and where an action of the authority was in colourful exercise of power and/or was tainted with malice, Art.199(3) could not come in the way of the High Court to entertain such a petition.
6. Since the State is directly responsible to ensure health care service because the State would require healthy masses for its development, therefore, health care service is kept in the lists of prime objects while formulating the budget of Federation and Provinces even a considerable amount is allocated in name of 'health care services'. The aid whereof is nothing but to provide health care service to all (citizens) without any discrimination of colour, caste, creed and status but facts, regret to admit, are otherwise. The Government hospitals though seem to E possess or least are claimed to have: i) Buildings and equipments; ii) staff(s); iii) funds; but have prima facie failed in providing 'health care services'. The responsibility of the 'State' in this regard does not come to an end only by inaugurating a 'building' as 'hospital' but it continues till the object whereof (hospital) is not achieved which undeniably could be nothing but to serve the people by providing proper health services which would always require the authorities concerned to: i) ensure providing of proper funds and utilization thereof for its due purpose; ii) ensure required development in due time, if the circumstances (population etc.) so demand; iii) framing a mechanism thereby assuring that a negligent towards his obligation / duty shall receive due consequence without much delay;
7. It is significant that, the slogan of the 'State', should always is 'Health-For-All' as evident from National Health Policy(ies), framed time to time but object thereof could not serve its purpose unless all the quarters concerned come forward with joined hands to formulate a mechanism where each part plays its role.
8. The 'Commissioner' and 'Deputy Commissioner', being administrative authorities, were required: 'to pay surprise visits to the hospitals so as to know the grievance of the patients and proper functioning of the 'government hospitals' in their true meaning and sense and to submit comprehensive reports whereby pointing out any illegality or irregularity; ways of improvements developments so as to lessen the genuine grievance towards health issue.'
As, the government funds is the ultimate property of its subject i.e. People, therefore, Chairman, Anti-Corruption Establishment, Sindh, Karachi was directed: to conduct thorough probe by constituting a high level committee which shall examine the funds allocation and use of those funds or any other illegality and all the delinquent persons shall be booked under relevant laws without any discrimination'
9. The Vice Chancellor, SMBBMU, Larkana and Medical Superintendents/ Directors of all aforesaid, being directly linked with the issue involved, were directed to remain in attendance with their comments/reports. Such comments, completely shift the burden of poor status of medical hospitals upon Government, with the plea that, albeit, teaching hospitals have vide scope in various areas of medical but since command and control is the domain of Province, their functioning is not up to mark.
10. On the adjourned date of hearing, all the concerned i.e. Secretary Health, respondents, representative of Chairman, Anti-Corruption. They placed their respective replies/comments, which all were taken on record.
11. Before referring to the proceedings further, it would be quite appropriate, just and proper to refer what was brought on record by respective sides.
12. At this juncture, it would be conducive to refer recommendations of Commissioner Hyderabad, in his report submitted pursuant to order dated 29.07.2015 passed in C.P. No,D-1557/2015 by Circuit Court, Hyderabad:- "15. Accordingly, following recommenders are submitted for perusal of the Court:- i. The Secretary Health Department may be directed to pursue and get the schemes approved in order to bridge infrastructural gaps especially water supply and sanitation. Ii. The Secretary Health Department may also be directed to ensure provision of human resource as per sanctioned strength of hospital and according the patient load. Iii. The report submitted by the Doctor's Committee regarding equipment and allied facilities should be shared with Secretary Health for consideration and phase wise implementation as recommended by the Committee. iv. The draft audit report may be forwarded to Secretary Health Department for further necessary action after seeking explanation from responsible officers as per their tenure as Medical Superintendent. v. The Government of Sindh should also consider constituting a high powered Executive Board comprising senior doctors and reputable dignitaries from Hyderabad and oversee the management and affairs of the hospital. vi. The medical stores may be decentralized to the ward level, Professor lncharge of the Ward should be in full authority to grant and maintain storage and supply of medicine to indoor patients in his Ward. vii. The Medical Superintendent may ensure that no private medical store, blood bank and laboratory runs within premises of hospital.
13. The respondent No,6 (Secretary, Health) filed comments whereby : i) acknowledged passing of Sindh Health Care Commission Act, 2013 and constitution of Committee, per Section 5(9) of Act, for purpose of recommendations for nomination of Commissioner; ii) stated that there is no policy for handing over of teaching hospital to the Universities/Medical Colleges. However, teaching hospitals are affiliated with medical Universities / Colleges for the purpose of clinical practice, academic training and research purpose for under graduate and post graduate students of medical field, as required under PMDC rules and regulations; iii. Stated that administrative posts i.e Medical Superintendents/ Additional Medical Superintendents are general cadre posts and are filled per Notification No,g0I(H)188/82 dated 31.05.1982. Further, referred to a decision of High Court of Sindh Karachi in C.P. No,D-352/2013 whereby insist is made for fulfilling post of Medical Superintendent from general cadre; iv. Described mechanism of 85% proc- v) procurement of medicines under centralized rate contract while 15% for local purchases for day to day emergency requirement; vi) speaking about agreement with People's Primary Health Care initiatives-Sindh;
14. The advocate, representing respondents Nos.2 and 3 (the Principal, Chandka Medical College, Larkana and Vice Chancellor, SMBBMU Larkana) through Statement placed : (i)photo copies of relevant portion of Act 2008, Subsection (6), Shaheed Mohtarma Benazir, Medical University, Larkana, (ii)Gazettee of Pakistan dated January 26, 2012 along with Table of Infrastructure, (iii)letter No,SMBBMUNC/801 dated 16.01.2015, addressed to honourable, Chief Minister Sindh regarding governance; and
(iv) letter No,SMBBMU/VC/955 dated 07.9.2015 regarding integration of administrative control of University and Chandka Medical College Hospital, Larkana for improvement and integration of services for patients care education and research.
15. The Chairman, Anti-Corruption Establishment, through statement affirmed constitution of committee, head by the Director, Anti-Corruption Establishment Sindh, Karachi, for probing allocation of funds and use thereof.
16. Having taken the comments on record, each participant was heard while keeping the vitality of the issue involved. None of the attended participants could deny the importance and vitality of the issue, involved in the petition, i.e health care service for all. In same breath, they also acknowledged lack of proper enforcement and implementation of the policy and rules in letter and in spirit which resulted into necessity of enactment of Sindh Health Care Commission Act, 2013: 'to improve the quality of healthcare service and banning quackery in the Province of Sindh in all us forms and manifestation Its preamble says 'WHEREAS it is expedient to make provisions for the improvement, access, equity of healthcare service, to ban quackery in all its forms and manifestation and to provide for ancillary matters;
17. The Notification No,ODS(PH) Legis-XV/2014 Karachi, dated the 30th April, 2014, placed on record by the respondent No,6 (Secretary, Health) speaks about constitution of a Committee within meaning of Health Care Commission Act, comprising of:-
1. Health Minister Chairperson;
2. Health Secretary Member,
3. Vice Chancellor of a Public Health University nominated by GovernmentMember,
4. Vice Chancellor of a Private Health University nominated by GovernmentMember,
5. President/Secretary General of PMA Sindh Member,
6. President/Secretary General of Private Hospital Association Member,
7. One representative of College of Physicians and Surgeons Pakistan Sindh ChapterMember,
8. An eminent senior Medical Professional recognized nationally and internationally, be nominated by the Secretary Health not below the rank of Grade 20Member,
9. One Representative of General Practioners nominated by Health DepartmentMember, The above constitution of members would prima fade show that Committee in true senses is yet to constitute because some of the members shall require proper nomination and approval. Even otherwise, what seems to be painful is that despite lapse of more than one and half year the notified Committee yet has not started functioning which means nothing but an omission of letting the object and purpose of enactment to become futile or least remain on statutes only. The respondent No,6 (Secretary, Health) undertakes to accelerate the process so as to bring the Act functional and operative in all senses.
18. Since, the object and purpose of the Act is nothing but to ensure improvement, access, equity and quality of healthcare service which cannot be allowed to be delayed/defeated for want of proper enforcement/implementation of the Act or necessary initiatives from the quarter concerned particularly when same is causing direct effect upon the public at large, therefore, the parties consented to the term Nos.(i) to (iv), so described in the short order dated 29th October, 2015.
19. As regard the question of handing over the Teaching Hospital(s) to Universities, the advocate for respondents Nos.2 and 3 referred to The Shaheed Mohtarma Benazir Bhutto Medical University Larkana Act, 2008 (Sindh Act No,VI of 2008); Gazette of Pakistan bearing No,S.R.O.26(KE)/ 2012 Islamabad, the 5th January, 2012, letters of respondent No,3, addressed to Chief Minister while stressing that a management and control of the University shall improve the healthcare service, standard of education, research to under graduate and post graduate. He insisted that such experiment was done with DOW medical college and bore positive results as is evident from continuity of such successful experience.
20. The respondent No,6 (Secretary, Health) though stated that there is no policy for handing over of teaching hospitals but could not deny the fact of DOW Medical University and continuity thereof by the Government itself. The respondent No,6 was confronted with the Rule 20 of Part-VI, titled as Governance of 'the Medical and Dental Institutions (recognition, eligibility criteria for enhancement in annual admissions and accreditation standards) Regulations, 2012' which reads as:- '20. Principal or Dean or Vice Chancellor.-The Chief Official of the institution shall usually holds the title 'Dean' or 'Principal' or 'Vice Chancellor' and shall be appointed as per Council's eligibility criteria. He shall have financial autonomy, as decided by the governing body. He may have authority and control over the attached teaching hospital and may function as its chief executive also. He shall have ready access to the university authorities and the governing body and other officials as are necessary to fulfill the responsibilities of the dean's or Principal's office. There shall be clear understanding of the authority and responsibility for institution's matters along its hierarchy. He shall be responsible for discipline in the colleges and shall take steps to prevent harassm ent of faculty and students and ensure that there is no ragging. He shall ensure that the faculty and students..
He was also confronted with the Section 6(7), of Act No,VI of 2008 (SMB BMU) which reads as: The University authorities shall be responsible for provision of all the infrastructure and teaching aids to the faculty in teaching hospital for execution of under and post graduate training programs in Clinical, Diagnostic and Supporting Specialties.;
21. He (respondent No,6) could not deny the purpose and object of the above and that of continuity of successful experience of handing over of teaching hospital (DOW Medical University) but resisted while referring to the post and cadre of Medical Superintendent in teaching hospitals. The administrative control and management shall not prejudice the service rules and efficacy thereof.
Further, since the Rule 20 of PMDC regulations also permits authority and control of Dean or Vice Chancellor over attached teaching hospital as Chief Executive which (PMDC regulations) are of binding nature upon all institutions. All the parties including respondent No,6, consented to the term Nos.(v),(vi),(viii), & (xii) so described in the short order.
22. Here, it is, worth to clarify that terms 'control' and 'management' used in term-vi of short order shall be construed to ordinary meaning of such terms in achieving proper functioning of teaching hospitals shall be exercised by a 'Chief Executive', as permitted by Rule-20 of PMDC regulations, referred above, Secretary Health Department would be allowed to act as per recommendation of University.
23. Since, the respondent No,6 (Secretary, Health) categorically contended that budget with regard to maintenance and repair has been released and such work would be completed hence the term No,(vii), so described in the short order was formulated whereby the Commissioner has been given supervisory jurisdiction for such work with an object to have proper utilization of budgets. However, this supervisory jurisdiction shall not be used to delay or hinder the utilization of work, to be marked/chalked out by concerned authority as per preferential requirements of listed works/repairs within allocated budget and whole budget with regard to teaching hospital would be in control of board constituted by University.
24. Since there was no denial to the fact and position that sale of medicines without prescription of a qualified medical practitioner is an irony of our system which is nothing but a result of failure of quarter concerned to pay proper attention towards their obligations/duties which always insist otherwise. The Chapter-II of Sindh Health Care Commission Act also addresses this issue as: Section-5(7). The Commission shall take measures and devise a strategy to counter sale of drugs without prescription.' but since it is also an undisputed fact that Commission is not functioning per its true spirit therefore, a term was formulated with consent of all was formulated and was numbered as 'term-
(ix) in short order.
25. A man, dealing with lives of people, must be provided a complete peace of mind at his such place of working but the experience of the past has been otherwise, therefore, the Sindh Health Care Commission Act also addresses this issue in Chapter-II as: Section 5(13). The Commission shall frame the guidelines to save health service provider from harassm ent, undue pressure and damage to property in performing their professional duties.'
Section-5 (14) The Security and protection while on duty of the Health Care Worker should be the responsibility of the organization availing their services.'
Section-5(15). The Organization, public or private, government, local, provincial or federal for which the doctors and Health Care Workers are working must provide them full protection, both physical and legal.' hence till proper functioning of the Commission and introduction of mechanism by the Commission in this regard, terms were formulated with consent of all and within four corners of said provisions of the Act, was formulated and was numbered as 'term (x) & (xi) in short order'.
26. The Respondent No,6 (Secretary, Health) referred to availability of the vacant positions in Health Department. A full swing always requires full strength hence the vacant positions in government institutions should always be created not on whims or wishes of political offices nor to please or adjust a blue eyed but should always be with an aim to improve the functioning of the institutions on the fair policy of 'to be filled by the best'. One cannot expect the 'best' unless good and better are not allowed to compete to produce the 'best'. In short, the term 'the best' is nothing but a consequence of process of thrashing of good and better under a fair mechanism, meant to have the best. Therefore, term No,(xiii) was formulated whereby filling of vacant positions in Health Department was directed to be done through Public Service Commission.
27. Since, the Chairman, Anti-Corruption Sindh had activated for constitution of team to probe illegalities and irregularities or fraud in health institution (s), therefore, term No, (xv) was included in the short order. The term Nos.(xvi) and (xvii) were included with reference to commitment and words of the respondent No,6.
28. Since, it has been now been an established position that the Doctors and Paramedical staff, providing services of protecting lives of people in hospitals, should not go on strikes therefore, the term (xviii) was made part of the short order.
29. At the end, it is necessary to appreciate the concern, cooperation and assistance provided by all the present participants (parties) in formulating the disposal of petition in an effective and meaningful purpose which shall help in achieving the object of health for all.
30. While parting, it would suffice to say that the particular grievance of the petitioner of the instant petition, stood redressed when confronted with Section 28(4) of the Act (Sindh Health Care Commission Act) which reads as:-
(4) Commission shall implement the effective cleanliness', in force hospital Waste Management Rules 2005 according to Pakistan Endowment Protection Act 1997 and implementation (3) the Prevention of Defacement of Property Ordinance 2013 in letter and spirit.'
More particularly when per terms (i) & (ii) are meant to make the Act functional and operative in its letter and spirit.
Accordingly; office shall ensure compliance of short order. Secretary Health Department shall also submit detailed report with clarity as to what steps they have taken with regard to insurance of poor citizens as provided by national health policy launched by federal Government and funds available in that pool. These are the detailed reasons of short order dated 29.10.2015. Office shall communicate this order to all concerned.