Law: Pakistan Medical and Dental Council Ordinance (XXXII of 1962)

Section: 15

Law: Qanun-e-Shahadat (10 of 1984)

Section: 114

Law: General Clauses Act, 1897

Section: 21

Law: Constitution of Pakistan, 1973

Section: 199

(a) Pakistan Medical and Dental Council Ordinance (XXXII of 1962)-- ----S. 15---Foreign qualified person, registration of---Pre-requisites---Holding a qualification from medical institution outside Pakistan, qualifying National Examination Board (NEB) examinations so that the Council is satisfied that the person possesses sufficient 'knowledge and skill' and issuance of notification by Federal Government are mandatory pre-requisites for registration under Pakistan Medical and Dental Council Ordinance, 1962. (b) Pakistan Medical and Dental Council Ordinance (XXXII of 1962)-- ----S. 15 [as inserted by Medical and Dental Council (Amendment) Act (XIX of 2012)]---Constitution of Pakistan, Art. 199---Constitutional petition---National Examination Board (NEB) examination---Petitioners completed their studies in the field of medicine from China but Pakistan Medical and Dental Council (PMDC) refused to register them as medical practitioner unless they had passed NEB examination---Plea raised by petitioners was that condition to appear before NEB examination was introduced by amendment in law and the same could not have retrospective operation (in case of petitioners)---Validity---When amendment came into effect through Medical and Dental Council (Amendment) Act, 2012, petitioners had not acquired and did not hold or possess qualification granted by foreign university---Merely on the basis of enrolment or admission no right had accrued to petitioners---Petitioners graduated and were granted qualifications by foreign university after the Medical and Dental Council (Amendment) Act, 2012, had come into force, and S.5 of Pakistan Medical and Dental Council Ordinance, 1962, made it mandatory for every person holding qualification granted by a medical institution outside Pakistan to take examination by a Board constituted by the Council, so that the latter was satisfied that he or she possessed sufficient knowledge and skill to be registered as a practitioner for the purposes of Pakistan Medical and Dental Council Ordinance, 1962---Petitioner could not claim registration under Pakistan Medical and Dental Council Ordinance, 1962, as no right was created either prior or after…