ALI NAWAZ CHOWHAN, J.--- This judgment shall dispose of the instant Writ Petition (W.P. No. 3705 of 2000), W.Ps. Nos. 2097 of 1985, 2877 of 1986, 325 of 1987, 3387 of 1987, 1135 of 1993, 8455 of 1996, 16196 of 1997, 18689 of 1997, 19862 of 1997, 21418 of 1997, 21419 of 1997, 2188 of 1997, 22338 of 1997, 22385 of 1997, 22669 of 1997, 22924 of 1997, 23465 of 1997, 23360 of 1997, 26065 of 1997, 24694 of 1997, 26639 of 1997, 27038 of 1997, 27152 of 1997, 27153 of 1997, 27219 of 1997, 27220 of 1997, 27357 of 1997, 22864 of 1997, 321 of 1998, 995 of 1998, 20021 of 1998, 3661 of 1998, 3846 of 1998, 12917 of 1999 and 16679 of 1999.
2. The petitioners are, inter alia, Medical Technicians Health Assistants, Dispensers, Un-registered Medical Practitioners and Registered Medical Practitioners under the. Unani, Ayurvedic and Homeopathic Practitioners Act, 1965 (II of 1965).
3. Their grievance in brief is that they were not being allowed to practise in their respective areas despite the following laws:-
(i) Unani, Ayurvedic and Homeopathic Practitioners Act, 1965;
(ii) Pakistan Medical and Dental Degrees Ordinance, 1982 (XXVI of 1982);
(iii) Allopathic System (Prevention of Misuse) Ordinance, 1982 (XLV of 1982).
It is further stated that under the Allopathic System (Prevention of Misuse) Ordinance LXV of 1962.
Some of them were not allowed to practise in their respective areas permitted by law. Another point raised is that the control list of drug has become an achronistic and calls for renewal. This is being ignored by the Health Authorities.
4. The department has submitted its -parawise comments and the department has also been heard by this Court through Dr. Ameed-ur-Rehman Biryal, Additional Director (Medical) and Dr. Muhammad Aftab Khan, Litigation Officer, representing the respondents.
5. According to the representatives of the Govt. Of Punjab, they have no reservation with respect to the petitioners practising in the area of Unani, Ayurvedic and Homeopathic. Provided the petitioners were registered in the respective disciplines and authorized to practise. They will be allowed to continue their practice without any let or hindrance.
Thus, there is an assurance to such practitioners in case they had been so authorized.
6. However, the Provincial Government has objection to their practising in the area of Allopathy. It is stated that these persons were not competent to prescribe allopathic medicines particularly antibiotics which can endanger human life. In this connection it is, inter alia, said that those who can administer and prescribe antibiotics and other medicines should possess licences recognized by the Pakistan Medical and Dental Degrees Ordinance, 1982.
7. Obviously, the petitioners are not the licencees under the Pakistan Medical and Dental Degrees Ordinance, 1982.
8. It has further been stated that according to Unani, Ayurvedic and Homeopathic Practitioners Act, 1965, some of the petitioners are authorised to prescribe medicines which were reflected in the Tibi, pharmacopeia and the three laws mentioned above and as the law approves of it the Government of the Punjab cannot restrain them from prescribing such medicines.
9. A copy of the Tibi Pharmacopeia was shown to the Court but the question is about its authenticity.
10. One of the learned counsel appearing on behalf of the Medical Technicians has stated that the Medical Technicians, who are presently working in Basic Health Units of Government of Punjab are allowed to practise in the Rural Areas and also prescribe allopathic medicines as may be required for a local patient under his treatment and the Provincial Government allows this. But if he starts his private practice he is forbidden to act in this area.
11. After hearing all sides this Court is of the view that the matter calls for a haring by experts committee.
12. It has been pointed out by the learned counsel appearing for some of the petitioners that in various writ petitions which have been filed before this Court it had been earlier ordered that some of the grievances of .The petitioners which have also arisen today be resolved by the Provincial Government.
13. Consequently this Court directs the Secretary Health Government of the Punjab. To constitute a high power committee consisting of a Professor of Medicines, King Edward Medical College, Divisional Directors for Faisalabad and Lahore working under the Government of the Punjab and an Additional Secretary working on the medicines side with the Government of the .Punjab in the Health Department, the President of the National Council for Tibb or his nominee and the President or nominee of Homeopathic and Ayurvedic. The Committee shall also consult the Tibbi Pharmacopeia and the laws on the subject and shall than formulate a 'policy for the Provincial Government in this connection: Some of the petitioners may have individual grievances which shall also be dealt by this Committee while affording personal or collective hearing. It shall decide the issues involved within a period of six months from today.
14. For enabling the Committee in this respect the office is directed to send copy of each and every writ petition to the Secretary Health to the Government of the Punjab through a special messenger.
15. The Additional Director (Medical) present today is also directed to convey this order to the Secretary Health.
16. After constituting the committee the Secretary Health shall formulate a reference while keeping in view the observations aforementioned by this Court and shall ask the committee to accomplish its task as per the time afore--mentioned. A compliance report with respect to the Constitution of the experts committee and the reference having been made to the experts committee shall be submitted to the Deputy Registrar (Judicial) of this Court under his own signatures by the Secretary Health within four weeks from today.
17. This Court has been once again assured that as long as the petitioners prescribe medicines in their respective areas in which they may be holding licences for this purpose i.e. Unani, Ayurvedic and. Homeopathic they shall riot be subjected to any harassment. However, they should not practise on the Allopathic side until a decision is given by the expert body.
18. Reference is made to judgment in the case of Kamal Sharif Khan and 33 others Vs. Province of Punjab through Secretary to Government and 2 others (PLD 1985 Lahore 135). There is an individual grievance to petitioner Qamar Zaman in W.P. No. 26065 of 1997 that his premises have been sealed.
His learned counsel has undertaken before this Court that the petitioner shall not practise on allopathic side and that he be given relief through desealing of his premises and until the expert committee gives its decision. Until the decision of the committee and keeping in view the undertaking given by his counsel his clinic be resealed.
A compliance report shall be submitted by the Secretary Health by the 1st May, 2001.