Law: Unani, Ayurvedic and Homoeopathic Practitioners Act, 1965

Section: 3,8,13

Law: General Clauses Act, 1897

Section: 21,24-A

Unani, Ayurvedic and Homeopathic Practitioners Act (II of 1965)---- ----Ss. 8 & 13---General Clauses Act (X of 1897), S.21---National Council for Homeopathic---Members, appointment of---Locus poenitentiae, principle of---Applicability---Appellants were appointed members of National Council for Homeopathic but subsequently Federal Government issued notification replacing other doctors in place of appellants as members of National Council for Homeopathic---Validity---Issuance of notification nominating some of the members of National Council for Homeopathic under S.8 of Unani, Ayurvedic and Homeopathic Practitioners Act, 1965, was a culmination of a consultative process with Provincial Governments for selection of Homeopathic doctors for nomination as members of National Council for Homeopathic by Federal Government---Result of such process could not simply be undone by resort to S.21 of General Clauses Act, 1897---Appointment to the post of Director was a term appointment and such term could be curtailed or tinkered with only for justifiable reasons that too in accordance with S.13 of Unani, Ayurvedic and Homeopathic Practitioners Act, 1965, and after observing principles of natural justice---High Court, in intra court appeal, set aside the order passed by single Judge of High Court resultantly notification in question was set aside---Intra court appeal was allowed accordingly. Commissioner of Income Tax v. Media Network PLD 2006 SC 787; Syed Mahmood Akhtar Naqvi v. Federation of Pakistan PLD 2013 SC 195; Moazzam Husain Khan v. Government of Pakistan and others PLD 1958 (W.P.) Kar. 35; Allauddin Akhtar v. Government of Punjab 1982 CLC 515; Dr. Aftab Ahmad Malik v. University of Engineering and Technology 2005 PLC (C.S.) 80; Homoeopathic Doctor Muhammad Zahir v. Federation of Pakistan 2011 CLC 427; Mrs. Jamshed Naqvi v. Azad Jammu and Kashmir Government 2013 PLC (C.S.) 1037; Babar Sattar v. Federation of Pakistan 2015 CLD 134; P.L. Dhingra v. Union of India AIR 1958 SC 36; L.P. Agarwal v. Union of India AIR 1992 SC 1892 and P. Venugopal v. Union of India (2008) 5 SCC 1 ref. THIS JUDGMENT PASSED BY: MIANGUL HASSAN AURANGZEB, JUSTICE:---.--- These appeals…