Case Details

Citation(s)
2012 SLG 537 2012 SLD 537 2012 CLC 876
Sindh High Court
Constitutional Petition No.D-3547 of 2011, decision dated: 22-11-2011
MUSHIR ALAM, C.J. AND AHMED ALI SHAIKH, J
S. Ishrat Ghazali for Petitioners. Muhammad Ashraf Mughal, D.A.G. along with Ms. Fouzia Mushtaque, Deputy Registrar, Pakistan Nursing Council, Islamabad for
Respondent No. 2. Saifullah A.A.G. along with Ms. Zarina, Director Nursing Government of Sindh f

ABSAR AHMED and otherss

VS

GOVERNMENT OF SINDH and others

Law: Pakistan Nursing Council Act, 1973

Section: 12,15,23,24,2(f),19

Law: Pakistan Nursing Council Act, 1973

Section: 12,15,23,24,2(f),19

Law: Pakistan Legal Practitioners and Bar Councils Rules, 1976

Section: PartB,ChapterXII

Pakistan Nursing Council Act (XXVI of 1973)-------Ss. 2(F), 12, 15, 19, 23 & 24---Constitution of Pakistan, Art.199---Constitutional petition---Admission in unrecognized Institution---Petitioners who claimed to be admitted and studying in the Institution, had sought directions against the authorities to allow the petitioners to be enrolled in the forthcoming session of examinations, scheduled to be held under their supervision---No date of admission and that of payment of admission fee etc. was mentioned in the admission cards of petitioners---Petitioners themselves had stated that they had learnt that the Institution was not affiliated with the Pakistan Nursing Council, yet they claimed that they continued to attend the classes---Details of qualification for General Nursing and Post Graduate Nursing was mentioned in the schedule to Pakistan Nursing Council Act, 1973 which had provided that unless the Institution was recognized, it could not extend any certificate or diploma or course as provided in the Pakistan Nursing Council Act, 1973---Under S.15 of Pakistan Nursing Council Act, 1973, no person was entitled to be enrolled in the register as nursing and midwifery etc. in the Institution which was not recognized---Petitioners were pursuing their education in the Institution which had not yet received any recognition, or which had been declined registration thrice in the past for serious deficiencies, they would be further wasting their valuable time, energy and resources---Constitutional petition filed by the petitioners being merit less was dismissed, leaving the petitioners to claim refund of the fees and other charges in addition to damages from the Institution, which was also prohibited from admitting any such student. ORDER MUSHIR ALAM, C.J.--- No.1 Urgency granted. 2. Petitioners who claim to be admitted and studying in respondent No.5 institution Messrs Burraq School of Nursing, have sought directions against the respondents Nos.1 to 4 to allow the petitioners to be enrolled in the forthcoming session of examinations 2010-2011 scheduled to be held under the supervision of respondents Nos.2 to 4. 3. Briefly stated facts in the petition are to be…
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