The Secretary,

Ministry of National Health Services,

Regulation and Coordination,
Government of Pakistan,
Red Zone, Islamabad.

(Through Proper Channel via Office of Chairman and Dean, SZPGMI)

Subject: RE-UNIFICATION OF UROLOGY AND KIDNEY TRANSPLANT

DEPARTMENT, SHAIKH ZAID HOSPITAL, LAHORE IN TERMS
OF POLICY DECISION TAKEN IN PUBLIC INTEREST BY THE
BOARD OF GOVERNERS IN ITS 46 TH MEETING HELD ON
26.04.2017

Respected sir,

It is submitted, the undersigned was inducted in Shaikh Zayed Hospital, Lahore in

the year 2007 as Assistant Professor and serving the Hospital for a period of more than 16
years with unblemished record on his part.

That the board of Governors of SZMC in their 46 th meeting held on 26.04.2017

provided unification of two units namely “Urology” and “Kidney Transplant” as
“Urology and Kidney Transplant Unit” by taking unanimous decision under powers
conferred upon them by the Federal Government under Section 5(2)(i) of the Resolution,
1986 duly promulgated in the Gazette of Pakistan as circulated vide letter dated
16.10.2017. (Copy letter 16.10.2017 enclosed)

In the year 2018 regime was changed in Shaikh Zayed Hospital Lahore which
caused grouping in Faculty and staff. Mr. Professor Kamran Hussain who was holding
additional charge of Chairman and Dean pass illegal order splitting Department of
Urology and Kidney Transplant into two separate Units vide letter dated 17.04.2018. Due
to illegal action of splitting Urology and Kidney Transplant Department, Kidney
Transplantation program remain suspended from 17.04.2018 to 02.07.2018 which was
ultimately started operation on temporary basis.

That the faculty and staff are facing sever deficiency of trained human resources
related to Urology for pre, per and post operative care of kidney transplant patients. For
continuation of successful kidney transplantation program regular trained Urological
doctors are the need to the day. In case of splitting the department of Urology and Kidney
Transplant, additional equipment would be required and the purchase of such equipment
would result in loss of millions of rupee. There is already surplus equipment in the
hospital which is more than enough for Urology and Kidney Transplant department.
 Faculty and staff are also facing much resistance in performing Urology and
Kidney transplant surgeries. Since, Shaikh Zayed Hospital, Lahore is the only public
sector Hospital, providing kidney transplant to poor patients.

It is important to mentioned Professor Sibgha Zulfiqar former Chairman & Dean

of Shaikh Zayed Hospital, Lahore realized the abovementioned alarming situation and
restored the original position by re-unifying the Urology and Kidney Transplant Units
into one unified department of Urology and Kidney Transplant vide order dated
09.06.2022 bearing No.CD/161.

Upon reunification of department of Urology and Kidney Transplant one Dr. Fazal
ur Rahaman, Assistant Professor of Urology assailed the order of unification before the
Lahore High Court through Writ Petition No.37124/2018 without impleading necessary
party i.e., Pakistan Medical and Dental Counsel (PMDC) which was subsequently
impleaded. However, during pendency of Writ Petition Dr. Fazal ur Rahman managed to
cancel order dated 09.06.2022 and just on the last day of retirement of Professor Sibgha
Zulfiqar former Chairman & Dean vide Order bearing No.CD/46 dated 28.01.2023
(Hereinafter referred to as “Impugned Order”) department of Urology and Kidney
Transplant were again separated into two Units against public interest and left the kidney
transplant program in limbo. After separation of department of Urology and Kidney
Transplant writ Petition filed by Dr. Fazal ur Rahman was dismissed as withdrawn vide
order dated 02.02.2023.

That the Impugned Order 28.01.2023 of separation of department of Urology and

Kidney Transplant into two Units is illegal, unlawful and arbitrary and liable to be set
aside on the following among others:
GROUNDS
A. That the Unification of department of Urology and Kidney Transplant as single
unit was a policy decision having approval by the institutional high-powered
Board of Governors. Whereas, the Impugned Order 28.01.2023 has been passed
without any approval of Board of Governors empowered by the Federal
Government under Section 5(2)(i) of the Resolution, 1986 duly promulgated in the
Gazette of Pakistan as circulated vide letter dated 16.10.2017. It is submitted,
Professor Sibgha Zulfiqar former Chairman & Dean did not have any jurisdiction
to solely pass Impugned Order without prior approval of Board of Governors of
Shaikh Zayed Hospital, Lahore. Therefore, Impugned Order is liable to be set
aside and department of Urology and Kidney Transplant must be re-unified and
restored to its original position.

B. That unification of both units of Urology and Kidney Transplant, the department
became able to perform 03 kidney transplant weekly of needy and deserving
patients besides other large number of urological surgeries. Separation of
 department into two units through Impugned Order has deprived the Kidney
Transplant Unit from using theatre and Urological equipment for day to day
surgery of kidney transplant and other patients. Pre and Post transplant patients are
suffering due to non-availability of equipment.

C. The Impugned Order has been passed against the order/verdict of Pakistan
Medical & Dental Council (PMDC) which is statutory body to control medical
education in Pakistan. The Standing Regulation Committee of PMDC in its
meeting held on 08th & 09th August, 2017, while recognizing the experience of Dr.
Narid Hussain, Assistant Professor Kidney Transplant Surgery, Shaikh Zayed
Hospital, Lahore, unanimously decided to grant him experience/eligibility in the
discipline of Urology as the Transplant Sugary was not recognized by PMDC as
separate discipline. (Copy of letter 29.12.2017 enclosed) PMDC has clearly
admitted there is no concept of separate discipline of Kidney Transplant Sugary in
their rules/regulations and policy.

D. Kidney transplant Surgery is part and parcel of Urology for which post graduate
degree in Urology is issued even the kidney transplant surgeon has to get his
experience letter as a Urologist by Pakistan Medical Council (PMC) for
appointment promotion of Urologist of kidney transplant surgeon basic
requirement is same i.e., post graduate degree in urology.

E. All leading institutions in Pakistan have same nomenclatures under the name and
style of Urology and Kidney Transplantation as one Unit. A few examples are
mentioned herein below:

a. King Edward Medical University(KEMU)/Mayo Hospital Lahore.

b. Sindh Institute of Urology and Transplantation, Karachi.

c. Punjab Post Graduate Medical Institute (PPGMI)/ General Hospital,

Lahore.
(Supporting documents enclosed)

F. As per international research and standard, kidney transplantation is an advance

form/type of Technique of Urology meaning thereby that is kidney transplant is
integral part of Urology.

G. That Dr. Fazal ur Rahman has been appointed as Head of Department vide Letter
dated 28.01.2023, it is submitted, Dr. Fazal ur Rahman is junior to undersigned
therefore, he cannot be appointed as Head of Department. Appointment of Junior
faculty member as Head of Department has created an atmosphere of chaos and
causing problem in smooth functioning of Department’s affairs. Therefore, letter
 dated 28.01.2023 may kindly be set aside and senior most person be appointed as
Head of Department.

H. That the postgraduate qualifications like M.S and FCPS etc. of both Urology and
Kidney Transplant are under the nomenclature of Urology. Therefore, the
department of Urology and Kidney Transplant should be re-unified.

I. That the Impugned Order dated 28.01.2023 is passed against the public policy and
smooth functioning of the Institute as Dr. Fazal ur Rahman who is junior of
undersigned has been appointed as Head of Department is barred from achieving
indirectly what is not available to him under the law to achieve directly i.e.,
Assistant Professor Dr. Fazal Ur Rahman being an Assistant Professor is estopped
to enjoy authority and perks/privileges of Head of Department and command
senior faculty.

J. That previous leave record reflects that during leave periods, duties between
faculty members of Urology and Kidney Transplant Units were assigned as
replacement by Authority and no one objected on such arrangements, even Dr.
Nadir Hussain being Medical officer of urology was promoted as Senior Registrar
of Transplant surgery (kidney) by Authortiy on the recommendation of
Departmental promotion committee without any objections from both separated
units of department of Urology and Kidney Transplant.

K. That the impugned order has been passed without jurisdiction by Chairman &
Dean Shaikh Zayed Hospital, Lahore and liable to be set aside.

L. That the Impugned order is against the settled principle that if law require a thing
to be done in a particular manner, it must be done in that manner only and not
otherwise.

M. That the Impugned Order is against the principle of locus Poenitentiae as

embodied under Section 21 of General clauses Act, as the order of authority
unifying department of Urology and Kidney Transplant was lawfully acted upon in
the year 2016 and 2022. Therefore, Impugned Order may kindly be set aside.

N. The Impugned Order is negation of the principle of past and closed transaction.
Therefore, liable to be set aside.

O. That the Impugned Order has been passed without hearing the undersigned who
was directly affected due to segregation of department of Urology and Kidney
Transplant into two units in violation of Article 10-A of Constitution of Pakistan.
 P. That the Impugned order has been passed in violation of golden principle Audi
Alterum Partem i.e., no one should be condemned unheard the undersigned was
not afforded by any opportunity of hearing before passing the impugned order
therefore, same merits setting aside.

Q. That the Impugned order is non-speaking and did not provide single reason for
separation of department of Urology and Kidney Transplant into two units, such
orders are against the provisions of Section 24-A of General Clauses Act, 1897 as
no cogent reason or justification has been supplied in Impugned order. Therefore,
same is liable to be set aside.
PRAYER

It is therefore respectfully submitted the Impugned illegal and unlawful order No. CD/46
dated 28.01.2023 may kindly be set aside and cancelled and order No.CD-161 dated
09.06.2022 may kindly be restored to its original position for all intent and purposes and
senior most faculty member be appointed as Head of Department instead of Dr. Fazal ur
Rahman.

Applicant

Dr. Jamshaid Rahim,

Assistant Professor Urology
Shaikh Zayed Hospital, Lahore.

CC to:

1. The Executive Director, Shaikh Zayed Hospital, Lahore.

2. The Deputy Dean, Federal Postgraduate Medical Institute, Lahore.