Case Details

Citation(s)
2015 SLG 1149 2015 SLD 1149 2015 PLJ 586
Lahore High Court
W.P. No. 4783 of 2013, heard on 16.12.2014.
CH. MUHAMMAD IQBAL, JUSTICE
Mr. Tariq Zulfiqar Ahmad Choudhary, Advocate for Petitioner.Sh. Jamshed Hayat, Advocate and Mr. Ejaz Farrukh, Law Officer for
Respondents.Mr. Aziz-ur-Rehman Khan, Assistant Advocate General, Punjab for State.Sheikh Muhammad Naeem Godeja, Deputy Advo

PAKISTAN INSTITUTE OF PHARMACY, SAHIWAL THROUGH PRINCIPALVS GOVERNMENT OF PAKISTAN MINISTRY OF NATIONAL REGULATIONS & SERVICES THROUGH SECRETARY, ISLAMABAD AND ANOTHER

Law:

Section:

Pharmacy Act, 1967-- ----S. 3--Constitution of Pakistan, 1973, Art. 199--Constitutional petition--Providing pharmacy education approval for second shift--Cancelled the possession--Challenge to--Petition was filed by unauthorized person--Premature writ petition--Validity--Only P.C.P. has right to approve any institution for pharmacy and without approval nobody is allowed to enroll any student--Held: It is now well established that in exercise of its constitutional jurisdiction, High Court has no jurisdiction to entertain and hear any matter through constitutional jurisdictional which requires evidence and in instant petition, factual controversy is involved was advised to apply afresh for granting permission for starting second shift class but till up-date petitioner had not applied which showed that petitioner was not willing to perform its parts of duty according to law, no final order was passed by competent authority as such petition was premature--Petition was dismissed. 2012 PLC (CS) 772, PLD 2004 Lah. 335, 2012 SCMR 1841, 2011 SCMR 279, 1983 SCMR 618, PLJ 2012 Lah. 93, PLJ 2002 Lah. 1479, 2008 PCr.LJ 1463 & 2003 PCr.LJ 1512, rel. THIS JUDGMENT DELIVERED BY: CH. MUHAMMAD IQBAL, JUSTICE---.--- Through this Writ Petition, the petitioner prays as under:-- "Under the circumstances, it is respectfully prayed that this writ petition may kindly be accepted and the order dated 12.04.2013 (Annex. "G") of the Respondent No. 2 issued without reason or justification, may kindly be declared null and void, against the rights of the petitioner, it be set aside and the earlier order dated 30-01-2013 of approval of 2nd shift of 'B' category Technician classes of pharmacy, may kindly be allowed to be continued/implemented." 2. Brief facts of the case are that the petitioner's institute was allowed to provide Pharmacy Education to the students. On the application of the petitioner's institute, the Pharmacy Council of Pakistan under the Pharmacy Act, 1967, allowed it to enroll 50 students per year provided that:-- "(a) They will admit a maximum of 50 (fifty) students in an annual intake as required vide Council Regulations. (b) The Laboratories needs to be further…
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