S.M.A TTIQUE SHAH, J. Through the instant petition under Article 199 of the Constitution of Islamic Republic of Pakistan, 1973, the petitioner has prayed:- "To struck down the appointment Notificat ion No.560/561-72/BOG/MTI DIK dated 10.6.2019 as patently illegal, void ab initio, coram non-judice, ineffective upon the fundamental rights of the petitioner as envisaged under Article 4 to 25 of the Constitution of Islamic Republic of Pakistan, 1973 on the ground that the same is violative of Section 10 of the Medical Teaching Institution Reforms Act, 2015 read with Regulation 4 of the Medical Teaching Institution, D.I.Khan."
2. As per averments of the petition, pursu ant to section 3 of the Medical Teaching Institution Reforms Act, 2015 the competent authority/Secretary Health, Govt: of Khyber Pakhtunkhwa Health Department issued notification dated 06.01.2016 for the establishment of Medical Teaching Institutions throughout provin ce of Khyber Pakhtunkhwa and the Medical Teaching Institution, D.I.Khan is mentioned at serial No.3 of the Notification dated 06.01.2016 consisting of Gomal Medical College and its attached Teaching Hospitals i.e. DHQTH, D.I.Khan and Mufti Mehmood Memorial Teaching Hospital, D.I.Khan. On 14.12.2016, the then Chairman, Board of Governors, Medical Teaching Institution, D.I.Khan advertised the position of fulltime Hospital Director for a period of three years for which thirteen aspirants applied and the name of petitioner was recommended which was approved by the BOG, whereafter the petitioner was appointed for a period of three years vide notification dated 21.01.2017. The appointment of the petitioner was challenged before this Court in W.P.No.205-D/2017 but the same was dismissed on 08.5.2019. There is no concept of two Hospital Directors of a Medical Teaching Institution but respondent No.3 in blatant violation of law appointed his blue-eyed respondent No.5 as Hospital Director of Mufti Mehmood Memorial Teaching Hospital, D.I.Khan through notification dated 10.6.2019, hence the instant petition.
3. Arguments heard and record perused.
4. On 19.6.2019, when this petition came up for hearing, it was admitted to regular hearing and the arguments were summarized in the following issues, requiring interpretation of certain provisions of M.T .I Reforms Act, 2015:- "I. Whether impugned Notification No.560/BOG/MTI/DIK dated 10.6.2019, issued by the respondent No.1 whereby respondent No.5 was appointed as Hospital Director in MTI Mufti Mehmood Memorial Teaching Hospital is in conflict with Notification No.E & A (Health) 279/2015 dated 06.01.2016 read with section 3 and 10 of M.T.I Reforms Act, 2015?
II. Whether there was an exigency of service in Medical T eaching Institution, D.I.Khan?
III. Whether powers conferred under sub-section (4) of section 7 of the Act 2015, can be exercised by the respondent No.1, particularly when the appointment order of the petitioner as Hospital Director M.T .I is still intact?
IV. Whether Mufti Mehmood Memorial Teaching Hospital is an independent M.T.I or is attached with DHQ Teaching Hospital D.I.Khan as Medical T eaching Hospital in terms of Notification dated 06.01.2016?
V. Whether the petitioner was appointed as Hospital Director for MTI DHQ Teaching Hospital and Mufti Mehmood Memorial T eaching Hospital in term of Notification dated 06.01.2016 or not?
5. The Khyber Pakhtunkhwa Medical Teaching Institutions Reforms Act, 2015 (the Act) was introduced to provide autonomy to the Government owned Medical Teaching Institutions and their affiliated teaching hospitals in the province of the Khyber Pakhtunkhwa and to improve the performance, enhance effectiveness and responsiveness for the provision of quality healthcare services to the people of the Khyber Pakhtunkhwa and other matters ancillary and incidental thereto. It was promulgated on 19th January , 2015 and extended to the whole of the province.
6. While answering question No.1, it is worth mentioning that Section 3 of the ibid Act envisages that Government may, by notification in the official gazette, establish such Medical Teaching Institutions, as it may deem necessary and shall apply the provisions of this Act to such institutions. Pursuant to such powers, the Government issued notification dated 06.01.2016 by notifying the following Medical Colleges and its attached teaching Hospitals as Medical Institutions, hereinafter called as MTI: "1. ............................
2. ...........................
3. Gomal Medical College and its attached hospitals i.e. DHQTC D.I.Khan and Mufti Mahmood Memorial Teaching Hospital as Medical T eaching Institution.
4. ......................................."
Section 10 of the ibid Act postulates that each Board shall appoint a fulltime Hospital Director for the Medical Teaching Institution (MTI) for a period of three years on the recommendation of a Recruitment Committee, on such terms and conditions as the Board may determine.
From the above reproduced Notification and section 10 of the ibid Act, it is crystal clear that DHQTC D.I.Khan and Mufti Mahmood Memorial Teaching Hospital are attached Hospitals of Gomal Medical College and cannot be split into two Medical Teaching Institutions and similarly the appointment of second Hospital Director for Mufti Mehmood Memorial Teaching Hospital is alien to the ibid Act and the notification dated 06.01.2016 issued by the Government pursuant to section 3 of the Khyber Pakh tunkhwa Medical Teaching Institution Reforms Act, 2015. The impugned order of respondent No.5 would show that the same has been issued under subsection (4) of section 7 of the Act. It is worth to mention that the ibid subsection (4) was added to section 7 of the Act, 2015 through Act No.XX1V of 2017, which is reproduced below:- "(4) Chairperson Board of Governor of Medical Teaching Institution may, in case of exigency of service, appoint a Deans, Hospital Director , Medical Director , Nursing Director and Finance Director on officiating basis. All such appointments shall be placed before the Board of Governors for approval within three months."
The ibid amendment clearly transpires that Chairperson, BOG is only authorized to make appointments in case of exigency of service against the post of Deans, Hospital Director , Medical Director , Finance Director and Nursing Director on officiating basis and all such appointments shall be placed before the BOG for approval. However , the impugned notification would show that respondent No.5 has been appointed in Mufti Mehmood Memorial Hospital, D.I.Khan in the presence of the appointment of the petitioner , which is against the mandate of law, as the law only empowers the Chairperson BOG to make an appointment in exigency and on officiating basis. Moreover , as discussed earlier , the Mufti Mehmood Memorial Hospital, D.I.Khan is an integral component of MTI, D.I.Khan and it does not have an independent MTI status, therefore an independent Hospital Director cannot be appointed under the law. It is by now settled that when the law requires a thing to be done in a specific manner , the doing of that thing in any other manner is illegal. Thus, the notification dated 10.6.2019, whereby respondent No.5 was appointed as Hospital Director in Mufti Mehmood Memorial Teaching Hospital is patently illegal and in conflict with notification dated 06.01.2016 read with sections 3 and 10 of M.T.I Reforms Act, 2015. Hence, question No.1 is decided in affirmative. The answer to questions No.II, III and IV is in the negative and it is held under question No.V that the petitioner was appointed as Hospital Director for MTI DHQ Teaching Hospital and Mufti Mehmood Memorial Teaching Hospital in terms of Notification dated 06.01.2016 referred above.
7. For the reasons mentioned above, this petition is accepted and the notification dated 10.6.2019 regarding appointment of respondent No.5 as Hospital Director , Mufti Mehmood Memorial Teaching Hospital, D.I.Khan is declared illegal, without lawful authority , void ab initio and hence, ineffective upon the rights of the petitioner and thus, setaside.