Law: Pakistan Medical and Dental Council Ordinance (XXXII of 1962)

Section: 15,13,33

Law: Pakistan Registration of Medical and Dental Practitioners Regulations, 2008

Section: 48,60

(a) Pakistan Medical and Dental Council Ordinance (XXXII of 1962)--- ----Ss. 15 & 33 [as amended by Pakistan Medical and Dental Council (Amendment) Act (XIX of 2012)]--- Pakistan Registration of Medical and Dental Practitioners Regulations, 2008, Reglns. 48 & 60---Registration of foreign medical qualified doctor---Pre-conditions---Respondents were doctors qualified from abroad who assailed provisions of Reglns. 48 & 60 of Pakistan Registration of Medical and Dental Practitioners Regulations, 2008 with regard to their registration as medical practitioners---Single Judge of High Court in exercise of Constitutional jurisdiction declared Reglns. 48 & 60 of Pakistan Registration of Medical and Dental Practitioners Regulations, 2008 as ultra vires the provisions of S.15 read with S.33 of Pakistan Medical and Dental Council Ordinance, 1962---Validity---Two conditions under Reglns. 48 & 60 of Pakistan Registration of Medical and Dental Practitioners Regulations, 2008 were imposed on a student who wanted to get medical education in foreign country, firstly to obtain NOC from Pakistan Medical and Dental Council (PMDC) prior to joining course abroad and secondly to secure more than 60% marks in FSc.; in case of failure to meet said two conditions, a candidate was not eligible for processing of his registration of qualification and to appear in National Examination Board Examination---Section 15 of Pakistan Medical and Dental Council Ordinance, 1962 did not prescribe any embargo or restriction on medical students to get admission in a foreign country rather it only conferred an authority upon PMDC or the Council to hold examination for evaluation and assessment of sufficient medical knowledge and skill possessed by a candidate and if it was satisfied, then such candidate was to be registered as a practitioner---Pakistan Medical and Dental Council, while framing Reglns. 48 & 60 of Pakistan Registration of Medical and Dental Practitioners Regulations, 2008 exceeded its jurisdiction---Restrictions imposed by PMDC under guise of Reglns. 48 & 60 of Pakistan Registration of Medical and Dental Practitioners Regulations, 2008 did not secure any support from provisions of Ss.15 &…

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