Case Details

Citation(s)
2020 SLG 485 2020 SLD 485 2020 MLD 357
Sindh High Court
Constitutional Petition No. D-507 of 2019, decision Dated: 11-03-2019. Hearing Dated: 07-03-2019.
MOHAMMAD ALI MAZHAR, JUSTICE AGHA FAISAL, JUSTICE
Petitioner(s) by: Haider Waheed, Shahzeb A Khan and Muneem Masood
Respondent(s) by: Ishrat Zahid Alvi, Assistant Attorney General Nos. 1 and 2.

DOW UNIVERSITY OF HEALTH SCIENCES THROUGH AUTHORIZED REPRESENTATIVE AND ANOTHER

VS

FEDERATION OF PAKISTAN THROUGH CABINET SECRETARY, ISLAMABAD AND 5 OTHERS

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

Section: 22

Law: Pakistan Medical and Dental Council Ordinance, (II of 2019)

Section: 23

Pakistan Medical and Dental Council Ordinance (XXXII of 1962)--- ----S. 22---Pakistan Medical and Dental Council Ordinance (II of 2019), S. 23---Medical and Dental Institutions (Recognition, Eligibility Criteria for Enhancement in Annual Admissions and Accreditation Standards) Regulations, 2018, Rgln. 12---Deregistration of institute---Eligibility criteria, change of---Petitioner was a Dental College which was served notice of inspection---Grievance of petitioner was that it was deregistered on misplaced inspection parameters which were suddenly changed without prior notice---Validity---Last minute alteration of assessment criteria was notwithstanding the fact that Regln. 12 of Medical and Dental Institutions (Recognition, Eligibility Criteria for Enhancement in Annual Admissions and Accreditation Standards) Regulations, 2018 prescribed that existing recognized institutions were given three years within which to conform to prescriptions so notified---Assessment upon Medical and Dental Institutions (Recognition, Eligibility Criteria for Enhancement in Annual Admissions and Accreditation Standards) Regulations, 2018 criteria was a marked departure from past practice and no justification of such divergence was ever advised to the petitioner or court---Reply of petitioner to inspection report was never considered by Pakistan Medical and Dental Council and at present Pakistan Medical and Dental Council remained incapacitated to revisit issue and ascertain factum for itself---High Court set aside notification deregistering the petitioner College---Constitutional petition was allowed in circumstances. Radaka Corporation and others v. Collector of Customs and another 1989 SCMR 353 rel. THIS JUDGMENT DELIVERED BY: AGHA FAISAL, J.--- The present petition was filed assailing the decision of the Executive Committee of the Pakistan Medical and Dental Council ("PMDC") communicated vide notice dated 11.01.2019 ("Impugned Notification"), whereby the petitioner was sought to be derecognized. 2. Mr. Haider Waheed, Advocate submitted that the petitioner, being a constituent of the Dow University of Health Sciences, is a dental college engaged imparting undergraduate and…
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