| Citation(s) |
|---|
| 2018 SLG 2872 2018 SLD 2872 2018 PLJ 984 |
W.P. No. 32150 of 2015, heard on 06.07.2018.
MRS. AYESHA A. MALIK, JUSTICE
Khawaja Issam Bin Haris, Advocate (in W.P. No. 32150/15) and for Punjab Healthcare Commission (in W.P. Nos. 79690/17, 2427/17 and 31831/15) along with Dr. Muhammad Ajmal Khan, Chief Operating Officer, Punjab Healthcare Commission and Khurram Mushtaq, Additional Director (Legal), Punjab Healthcare Commission. Mr. Nawab Saeed Ullah, Advocate (in W.P. No. 19597/15). Malik Zia-ur-Rehman, Advocate (in W.P. No. 38582/15). Mr. Waheed Ahmad, Advocate (in W.P. No. 28593/15). Mr. Imtiaz Hussain Khan Baloch, Advocate (in W.P. No. 11158/16). Mr. Muazzam Iqbal Gill, Advocate (in W.P. No. 30210/16). Mian Subah Sadiq Klasson and Mr. Muhammad Hayat Klasson, Advocates (in W.P. No. 28517/16). Nemo (in W.P. No. 21753/15). Mr. Mohammad Ahmad Qayyum, Mr. Shumail Arif, Mr. Omar Ashfaq and Mr. Ghulam Mustafa Umair, Advocates for Petitioners (in W.P. Nos. 79690/17, 2427/17, 31831/15) and (in W.P. No. 32150/15). Mr. Anwaar Hussain, Addl. AG, Punjab along with Barrister Haris Ramzan, Legal Advisor, M. Aleem Akhtar Cheema, Senior Law Officer, Muhammad Khursheed, Law Officer on behalf of the Secretary Health, Lahore. Ch. Muhammad Umar and Mufti Ahtsham-Uddin-Haider, Advocates for Punjab Healthcare Commission (in W.P. Nos. 19597/15, 28593/15, 38582/15, 21753/15, 11158/16 and 28517/16).
PUNJAB HEALTHCARE COMMISSION
VS
MUSHTAQ AHMAD CHAUDHARY ETC.
Law: Constitution of Pakistan, 1973
Section: 199
Law: Health Act, 2016
Section: 2(xxix),4,41(1)
Constitution of Pakistan, 1973-- ----Art. 199--Health Act, 2016, S. 40(1)--Punjab Healthcare Commission Act, 2010 (Health Act)--Constitutional petition--Orders regarding sealing of clinic--Challenge to--Action of sealing a healthcare establishment without any backing of law--Question of--Whether commission has power to seal healthcare establishment under health act--Vires of law--Validity--Power of sealing exercised by Commission is in furtherance of mandate of Health At and powers given to it under law--In this regard power exercised prior to framing of Regulations falls within inherent power to seal healthcare establishment to prevent any further risk or harm to persons under treatment or care by a healthcare establishment or healthcare service provider--Hence no illegality is made out against act of sealing--Since requirement of registration and licensing under Health Act is mandatory, its compliance is necessary and any person who fails to comply with law will face consequences as described under Health Act--Whilst Councils are regulating practice of practitioners, Councils cannot authorize or recognize any training in scientific medical practice as it tantamounts to encroachment in jurisdiction of authorities regulating scientific medical practice--In these cases issue is specifically related to practice of dental hygienists or dental technicians--Individual practitioners and Dental Associations before Court want to practice as dental hygienists and dental technicians on basis of their diplomas from Skill Development Council--This permission or recognition cannot be granted by Council as it falls under scope of Training Ordinance and Punjab Medical Faculty who are duly authorized to train dental hygienists or technicians--Councils are bound by directives prescribed by Punjab Medical Faculty and cannot prescribe anything to contrary--Petitioners cannot practice as dental hygienists or dental technician based on their diplomas issued by Skill Development Council because these programs are not recognized programs nor is Skill Development Council permitted to train allied health professionals--In this regard, it is necessary to note that only authorized…
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