Law: Pakistan Medical Commission Act, 2020

Section: 3,18

(a) Interpretation of statutes--- ----Preamble---Scope---Preamble of a statute is though not an operative part of enactment but it is a gateway, which opens purpose and intent of Legislature, which necessitated legislation on the subject---Preamble also sheds clear light on goals which Legislator aimed to secure through introduction of such law---Preamble of a statute holds a pivotal role for the purpose of interpretation in order to dissect true purpose and intent of law. Director General, FIA and others v. Kamran Iqbal and others 2016 SCMR 447 rel. (b) Interpretation of statutes--- ----Intention of legislature---Law is conscious reflection of sovereign command which always has clear history, aim and purpose behind its enactment and also clear objective and purpose ahead of it---Law cannot be read or truly understood in isolation with very purpose it was enacted for---Purposive approach of construction provides the Court objective and necessary aid to unearth underlying true intention of Legislature. Saif-ur-Rehman v. Additional District Judge, Toba Tek Singh and 2 others 2018 SCMR 1885; Hart v. Pepper (Inspector of Taxes) [1992] 3 WLR 1032 = [1992] UKHL 3 and 1993 SCMR 1019 rel. (c) Pakistan Medical Commission Act (XXXIII of 2020)--- ----Ss. 3 18---Admission to medical college---Medical and Dental Colleges Admissions Tests (MDCAT)---Requirement---Pakistan Medical Commission---Role company was running a medical college in private sector---Plea raised by petitioner was that for admission to private medical colleges there was no requirement of MDCAT---Validity---For taking admission in a public or private medical college, students from all over the country were to undertake and get through necessary requirement of MDCAT---Mandatory restriction was cast upon under S.18(2) of Pakistan Medical Commission Act, 2020 that a student who did not fulfill requirement of S.18(1) of Pakistan Medical Commission Act, 2020, could not be awarded degree---Requirement of MDCAT was mandatory requirement for admission into medical colleges as well as for awarding degree---Pakistan Medical Commission was created as a regulatory authority, for regulation and control of medical…

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