| Citation(s) |
|---|
| 2016 SLG 621 2016 SLD 621 2016 PLD 92 |
Peshawar High Court
W.P. No. 542-A of 2014, decided on 9th July, 2015. Date of hearing: 2nd June, 2015.
MAZHAR ALAM KHAN MIANKHEL, C.J. AND MUHAMMAD DAUD KHAN, J
Abdul Rauf Rohaila for Petitioner. Muhammad Jamil Khan DPG for NAB. F.M. Sabir Standing Counsel for
Respondent No. 2 Aurang Zeb Khan for PMDC
W.P. No. 542-A of 2014, decided on 9th July, 2015. Date of hearing: 2nd June, 2015.
MAZHAR ALAM KHAN MIANKHEL, C.J. AND MUHAMMAD DAUD KHAN, J
Abdul Rauf Rohaila for Petitioner. Muhammad Jamil Khan DPG for NAB. F.M. Sabir Standing Counsel for
Respondent No. 2 Aurang Zeb Khan for PMDC
WOMEN MEDICAL COLLEGE, ABBOTABAD through PrincipaL
VS
NATIONAL ACCOUNTABILITY BUREAU (KHYBER PAKHTUNKHWA) through Director General and 2 others
Law:
Section:
National Accountability Ordinance (XVIII of 1999)--- ----Ss. 18 & 19---Pakistan Medical and Dental Council Ordinance (XXXII of 1962), Ss.11 & 35(1)---Constitution of Pakistan, Art.199---Constitutional petition---Inquiry notice---Illegalities in Medical and Dental Colleges---Petitioners were running private medical and dental colleges and they were aggrieved of notices issued by National Accountability Bureau---Plea raised by National Accountability Bureau was that notices were issued as petitioners were running illegal medical colleges and they were involved in corruption and corrupt practices---Validity---Proper mechanism had already been provided if Pakistan Medical and Dental Council was not complying with provisions of Pakistan Medical and Dental Council Ordinance, 1962---When there was no complaint either from Federal Government of Pakistan Medical and Dental Council, about petitioners' colleges then National Accountability Bureau could not supersede and take on the role and function of Pakistan Medical and Dental Council to create an environment of fear and harassment at medical institutions without pinpointing the nature of irregularities, whether it was a matter of academics, administration or finance---Process of inspection was highly technical and Pakistan Medical and Dental Council's qualified inspectors had taken it with great care---Pakistan Medical and Dental Council was responsible to inspect whether medical and dental institutions were fulfilling requisite criteria mentioned in Pakistan Medical and Dental Council Regulations, 2012---Intervention of National Accountability Bureau in the affairs of institutions was not within its view---High Court set aside notices issued by National Accountability Bureau to college administration and authorities were refrained to interfere in the affairs of Pakistan Medical and Dental Council or colleges, which were duly recognized by Pakistan Medical and Dental Council, as well as Federal Government to impart training and award degrees to students---Petition was allowed in circumstances. Dr. Arsalan Iftikhar's case PLD 2012 SC 903; Pakistan Medical and Dental Council v. Ziauddin Medical University PLD…
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