| Citation(s) |
|---|
| 2012 SLG 596 2012 SLD 596 2012 CLC 1308 |
Islamabad High Court
Writ Petitions Nos.817 to 820 of 2012, decision dated: 29-03-2012
NOOR-UL-HAQ N. QURESHI, J
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Writ Petitions Nos.817 to 820 of 2012, decision dated: 29-03-2012
NOOR-UL-HAQ N. QURESHI, J
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Homoeopathic Dr. JAMIL AKHTAR GHAURI and otherss
VS
FEDERATION OF PAKISTAN and others
Law: Unani, Ayurvedic and Homoeopathic Practitioners Act, 1965
Section: 3,13(2),5(a)(d),22(3)
Law: Unani, Ayurvedic and Homoeopathic Practitioners Act, 1965
Section: 3,13(2),5(a)(d),22(3)
Law: West Pakistan General Clauses Act, (IV of 1956)
Section: 20
Law: Unani, Ayurvedic and Homoeopathic System of Medicine Rules, 1980
Section: 15
Unani, Ayurvedic and Homoeopathic Practitioners Act (II of 1965)-------Ss. 3, 5 & 13---General Clauses Act (X of 1897), Ss.20 & 21---Constitution of Pakistan, Art.199---Constitutional petition---Locus poenitentiae, principle of---Applicability---National Council for Homoeopathic---Nomination of members, recalling of---Petitioners were nominated as members of National Council for Homoeopathic and when they went to attend the meeting of the Council, they were informed that they had been replaced by respondents---Validity---Mere issuance or communication of order, notification or bye-laws as provided by sections 20 and 21 of General Clauses Act, 1897, did not mean that it had taken final effect---Only the doctrine of "locus poenitentiae" would apply, when such order or notification issued or communicated to the party concerned, had fully acted upon, then the authority who issued it, could not rescind or cancel the same---Petitioners were nominated in view of section 5 (a) and (d) of Unani, Ayurvedic and Homoeopathic Practitioners Act, 1965, by concerned authority and the same was merely withdrawn without its implementation---Petitioners never commenced their duties in pursuance to the notification and only in first meeting, when petitioners were required to appear, before that, the notification was rescinded by the Authority---Nomination was the prerogative of Authority coupled with the fact that notification in respect of nomination of petitioners had not taken effect, therefore, the same could not be termed as "acted upon"---High Court in exercise of Constitutional jurisdiction declined to interfere in the matter---Petition was dismissed in circumstances. Mir Ghulam Abid Khan v. Pakistan through Secretary and another 2000 CLC 443; Ch. Khushi Muhammad v. Government of Punjab and another 1981 CLC 392; Syed Muneeb Nazir Shah v. Azad Kashmir Government and others PLD 1985 (AJ&K) 17; Rehan Hassan Naqvi v. Pakistan Defence Officers Housing Authority through Secretary 2000 CLC 1535; Mahmooda Begum v. District Magistrate, Sialkot and 2 others PLD 1991 Lah. 230 and Homoeopathic Doctor Muhammad Zahir v. Federation of Pakistan through Secretary, Ministry of…
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