Case Details

Citation(s)
2005 SLG 1836 2005 SLD 1836 2005 PLD 261
Lahore High Court
Writ Petitions Nos. 16780, 16782, 16826 of 2003, 629, 1345, 2979, 3350, 552, 1600 and 91 of 2004, decided on 19th January, 2005. DATE of hearing: 21st December; 2004
MIAN SAQIB NISAR AND SHEIKH AZMAT SAEED, JJ
Wajeeh-ud-Din Pervez, Masood Mirza, Iqbal Mehmood Awan and Peer Kaleem Khursheed for Petitioners. Rasal Ahmad Sayed for
Respondents Nos. 1 and 3. Pervaiz I. Mir for the PM&DC

TAHMASUB FARAZ TAYYAB and 13 others

VS

Vice Chancellor, UNIVERSITY OF HEALTH SCIENCES, Lahore and 3 others

Law:

Section:

(a) Pakistan Medical and Dental Council Ordinance (XXXII of 1962)------Preamble & S. 33---Regulations framed by Pakistan Medical and Dental Council---Purpose and applicability---Purpose of constitution of such Council was to establish uniform minimum standard of basic and higher education in medicine and dentistry---Such Regulations would apply to all existing Medical and Dental Colleges/Institutions. Nadir Khan v. Principal Khyber Medical College 1995 SCMR 421 fol. (b) Pakistan Medical and Dental Council Ordinance (XXXII of 1962)-- ----S. 33(1)(2)---Power of Pakistan Medical and Dental Council to make regulations with or without "previous sanction" of Federal Government-­-Scope---Regulations pertaining to matters spelt out in Cls. (a) to (i) of S.33 of Pakistan Medical and Dental Council Ordinance, 1962 could be made by Council only after obtaining previous sanction from Government, but no such sanction would be required in respect of matters provided in S.33(2) thereof---Council would not be required to obtain previous sanction of Government while determining and prescribing minimum qualification of obtaining specified marks for admission to a Medical and Dental College---Regulations/decision issued by Council would be binding on all Medical and Dental Colleges/Institutions. (c) Pakistan Medical and Dental Council Ordinance (XXXII of 1962)-- ----S. 33---West Pakistan General Clauses Act (VI of 1956), S.2(41)--­General Clauses Act (X of 1897), Ss.20-A (as inserted by General Clauses (Amendment) Ordinance (XXXIII of 2002) with effect from 27-7-2002) & 21---Regulations or amendment therein made by Pakistan Medical and Dental Council---Publication in official Gazette and obtaining previous sanction of Federal Government not mandatory requirement---General Clauses (Amendment) Ordinance, 2002 not applicable retrospectively--Section 20-A of General Clauses Act, 1897 not applicable to such Regulations or decision made by Council. Chief Secretary v. Sher Muhammad Makhdoom PLD 1991 SC 973; Chairman Selection Committee/Principal King Edward Medical College Lahore and others v. Wasif Zamir Ahmed and another 1997 SCMR 15; Mst. Attiyya Bibi Khan and others v.…
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