Case Details

Citation(s)
2014 SLG 1826 2014 SLD 1826 2014 CLC 1514
Lahore High Court
Intra-Court Appeal No.804 of 2013 and Writ Petition No.23 of 2014, decision dated: 10-06-2014.
UMAR ATA BANDIAL, C.J. AND MUHAMMAD FARRUKH IRFAN KHAN, J

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INDEPENDENT MEDICAL COLLEGE, FAISALABAD

VS

FEDERATION OF PAKISTAN and others

Law:

Section:

Pakistan Medical and Dental Council Ordinance (XXXII of 1962)-------Ss. 11 & 22 [as amended by Medical and Dental Council (Amendment), Act (XIX of 2012)]---Constitution of Pakistan, Art.199---Law Reforms Ordinance (XII of 1972), S.3(2)---Intra-court appeal---Withdrawal of recognition of medical institution---Surprise inspections of medical colleges---Power and authority of Pakistan Medical and Dental Council (PMDC)---Appellant-College was granted permission to intake 50 students for MBBS classes, which was subsequently enhanced to 100 students---Inspectors designated by the PMDC came to the appellant-College for a surprise inspection, but they were not allowed access and asked to produce the authority for carrying out surprise inspection---Ban was imposed on the appellant-College to further give admissions to the students---Aggrieved, appellant-College filed constitutional petition which was dismissed---Appellant-College preferred Intra-court appeal---Constitutional petition was filed against the letter, whereby appellant-College had been stopped from further intake of students' admissions and final decision rendered by the PMDC were challenged---Contention of the appellant-College was that PMDC had no authority to make decision qua recognition and number of students in the Medical Colleges; that said authority vested in the Federal Government and that the Pakistan Medical and Dental Council Ordinance, 1962 had not mandated to the PMDC to carry out any sort of inspection---Validity---Comprehensive report of inspection had been submitted by the inspectors, who were appointed with consent of the parties and all sorts of objections on the competency and authority of Pakistan Medical and Dental Council (PMDC) to carry out inspection of the appellant-College stood resolved---Original report had been ordered to be dispatched to the Registrar, PMDC, who might proceed further in accordance with law and rules---PMDC was the creation of Pakistan Medical and Dental Council Ordinance, 1962 under which PMDC had been given the role to act as a supervisory body on medical education---Pakistan Medical and Dental Council Ordinance, 1962 mandated upon the PMDC to check the…
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