| Citation(s) |
|---|
| 2017 SLG 2267 2017 SLD 2267 = 2017 CLC 1306 |
Islamabad High Court
I.C.A. No. 571 of 2012, decision Dated: 9-2-2017. HearingDate : 9-11-2016.
ATHAR MINALLAH, JUSTICE, MIANGUL HASSAN AURANGZEB, JUSTICE
Dr. Khalid Ranjha, ASC for Appellant.Attaullah Hakim Kundi for
Respondent No. 3.Tariq Saeed Rana for
Respondent No. 5.Anwar Kamal and Muhammad Umar Vardag, Senior ASC for
Respondents Nos.6 to 14.Rehman Seerat for
Respondent No. 15.
I.C.A. No. 571 of 2012, decision Dated: 9-2-2017. HearingDate : 9-11-2016.
ATHAR MINALLAH, JUSTICE, MIANGUL HASSAN AURANGZEB, JUSTICE
Dr. Khalid Ranjha, ASC for Appellant.Attaullah Hakim Kundi for
Respondent No. 3.Tariq Saeed Rana for
Respondent No. 5.Anwar Kamal and Muhammad Umar Vardag, Senior ASC for
Respondents Nos.6 to 14.Rehman Seerat for
Respondent No. 15.
THE COLLEGE OF PHYSICIANS AND SURGEONS OF PAKISTAN (CPSP)
VS
THE FOP AND OTHERSIsrar-uLHaq, Standing Counsel.
Law:
Section:
(a) Words and phrases-------"Accreditation"---Connotation---"Accreditation" essentially has the meaning of recognizing someone or something as having a particular status.Black's Law Dictionary, Ninth Edition; Oxford English Dictionary and Chambers Dictionary, Tenth Edition rel.(b) Pakistan Medical and Dental Council Ordinance (XXXII of 1962)-------S. 3---Medical and Dental Council---Object, purpose and scope---All qualifications relating to medicine, whether at graduate or post graduate level and whether in the nature of degrees, licenses or diplomas or in any other form, are regulated exclusively by and under Pakistan Medical and Dental Council Ordinance, 1962---Council has been established under S.3 of Pakistan Medical and Dental Council Ordinance, 1962, for such purpose in order to achieve a uniform minimum standard with regard thereto---Medical institutions or hospitals may be established by legislature through legislative enactments and vested with power to grant degrees, yet they would be subject to regulatory framework mandated under Pakistan Medical and Dental Council Ordinance, 1962, unless legislature, through express and unambiguous language has intended otherwise.(c) Pakistan Medical and Dental Council Ordinance (XXXII of 1962)-------Ss.3, 23 & Third Schedule---Pakistan College of Physicians and Surgeons Ordinance (XX of 1962), Ss. 3 & 5---Law Reforms Ordinance (XII of 1972), S.3---Intra Court Appeal---"Accreditation"---Additional medical qualifications---Pakistan Medical and Dental Council, jurisdiction of--- Appellant college granted accreditation to a private hospital for postgraduate teaching experience but the Council did not recognize the same---Single Judge of High Court, in exercise of Constitutional jurisdiction, declined to interfere in the order passed by Pakistan Medical and Dental Council---Validity---Accreditation of a hospital by appellant college for the purposes of a recognized additional medical qualification was without lawful authority and had no legal status unless endorsed or approved under Pakistan Medical and Dental Council Ordinance, 1962---Appellant college was subject to regulatory framework provided in Pakistan…