Case Details

Citation(s)
2015 SLG 1436 2015 SLD 1436 2015 CLC 577
Islamabad High Court
Writ Petitions Nos.3061 and 2156 of 2014, decision dated:16-01-2015, hearing DATE : 16-12-2014
ATHAR MINALLAH, J
Raja Saif-ur-Rehman for Petitioner. Adnan Saboor Rahila for Petitioner (in W.P. No. 2156 of 2014). Malik Qamar Afzal for
Respondent No. 4. Malik Faisal Rafiq, Dy.A.G

Dr. MUMTAZ AHMED and othersVs FEDERATION OF PAKISTAN and others

Law:

Section:

(a) Pakistan Medical and Dental Council Ordinance (XXXII of 1962)-------Preamble---Object and purpose of Pakistan Medical and Dental Council Ordinance, 1962---Said Ordinance regulates medical profession to promote public good---Object of regulation by the Council is to protect and safeguard those who repose and rely on knowledge and skill of medical practitioners, thereby placing their lives in their hands---Public good is of paramount consideration while interpreting provisions of Pakistan Medical and Dental Council Ordinance, 1962.(b) Pakistan Medical and Dental Council Ordinance (XXXII of 1962)-------S. 15---National Examination Board (NEB) examinations---Object, purpose and scope---NEB examinations are prescribed to determine professional competence or otherwise of a Pakistani citizen holding basic medical qualifications from a foreign medical institution---Legislative intent is to ensure that a person holding medical qualifications from a foreign institution registered under Pakistan Medical and Dental Council Ordinance, 1962, must possess sufficient knowledge and skill to the satisfaction of the Council.(c) 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 NEB examination 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 to be registered under Pakistan Medical and Dental Council Ordinance, 1962.(d) Pakistan Medical and Dental Council Ordinance (XXXII of 1962)-------S. 15---Constitution of Pakistan, Art.199---Constitutional petition---National Examination Board (NEB) examinations---Retrospective effect of amendment---Petitioners completed their studies in the field of medicine from Cuba but PMDC refused to register them as medical practitioners 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…
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