Law:

Section:

--------S. 36 (2) --------- Pakistan Medical and Dental Council Regulations, 2011, Regln. 19 --------- Post of Assistant Professor of Cardiology---Basic qualification being MBBS or equivalent qualification recognized by the Pakistan Medical and Dental Council and FCPS/MS/MD in the respective subject or equivalent qualification in the specialty recognized by the Council with three research papers on research work of which at least two should be as principal author in the capacity of Assistant Professor in the relevant specialty published in a standard medical journal---Appointment of a person having FCPS in General Medicine---Validity---Basic requirement of postgraduate qualification in the field of Cardiology was fellowship/FCPS in Cardiology---Candidate with postgraduate qualification in the relevant specialty could not be ignored merely on the basis of experience in that field---Experience could not be equated with the basic qualification --------- Postgraduate/FCPS holder in General Medicine could not be equated with a postgraduate/FCPS in Cardiology for the purpose of appointment/promotion to the post of Associate Professor Cardiology --------- Respondent was not having postgraduate qualification in the field of Cardiology and he was not entitled, suitable and fit for appointment/promotion against the post in question --------- Respondent's experience in the Cardiology department could not be given overriding effect over the basic qualification and requirement---Impugned order was set aside---Authorities were directed to consider the case of both the petitioner and any other candidate having basic qualification and experience in the relevant speciality i.e. Cardiology for the post in question within one month---Constitutional petition was allowed in circumstances. Dr. Shah Wali Khan and others v. Government of N.W.F.P. and 3 others 1997 SCMR 1574 rel. THIS JUDGMENT DELIVERED BY: WAQAR AHMAD SETH, JUSTICE:------------------ Through this single order we intend to dispose of the instant writ petition as well as connected writ petition bearing No. 3000-P of 2012, as both the writ petitions are the outcome of office order / notification No. 33758-63 / PA / LRH…

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