| Citation(s) |
|---|
| 2021 SLG 1183 2021 SLD 1183 2021 MLD 1455 |
Lahore High Court
Intra-Court Appeal No. 5251 of 2021, decided on 26thJanuary, 2021.
SHAHID, JAMIL KHAN, JUSTICE, ASIM HAFEEZ, JUSTICE
Salman Aslam Butt, Furqan Naveed, Ghulam Mujtaba for Appellant.Barrister Ch. Muhammad Umar and Rana Muhammad Ansar for
Respondents.
Intra-Court Appeal No. 5251 of 2021, decided on 26thJanuary, 2021.
SHAHID, JAMIL KHAN, JUSTICE, ASIM HAFEEZ, JUSTICE
Salman Aslam Butt, Furqan Naveed, Ghulam Mujtaba for Appellant.Barrister Ch. Muhammad Umar and Rana Muhammad Ansar for
Respondents.
ABWA KNOWLEDGE VILLAGE (PVT.) LTD. THROUGH DIRECTOR AND ANOTHERVSFEDERATION OF PAKISTAN (THROUGH SECRETARY, NATIONAL HEALTH SERVICES AND ANOTHERS
Law: Pakistan Medical Commission Act, 2020
Section: 19(7),18,19
Law: Constitution of Pakistan, 1973
Section: 25
(a) Pakistan Medical Commission Act (XXXIII of 2020)--- ----S.19(7)---Admissions Regulations (Amended), 2020-2021, Rgln.4---Expression enrolled---Connotation---Expression enrolled besides being inclusive-covering admission process- and extensive in content, suggests culmination of process of admission - when actually student is admitted, who has cleared all dues and forms part of certified list of students, conveyed to Pakistan Medical Commission in terms of Regulation 4 of Admissions Regulations (Amended), 2020-2021. (b) Pakistan Medical Commission Act (XXXIII of 2020)--- ----Ss.18 19---Admissions Regulations (Amended), 2020-2021, Rglns.4, 13 14---Constitution of Pakistan, Art. 25---Educational institution---Admission in Medical College---Discrimination---Medical and Dental College Admission Test (MDCAT) examination, condition of was a private teaching hospital who assailed conditions imposed on getting admission of students---Validity---Requirement of MDCAT formed condition precedent for enrolment for year, 2021-notwithstanding initiation of process of admission in last quarter of year 2020---Regulations framed regarding requirement of MDCAT, as mandatory condition for admission, manifested no illegality or transgression---When factum of availability of admission criteria in colleges specified in Regulation 13 of Admissions Regulations (Amended), 2020-2021, was available to the exclusion of other private medical and dental colleges, there was no discretionary treatment with appellant---Division Bench of High Court declined to interfere in findings recorded by Single Judge of High Court with reference to scope of settlement and effect thereof were accordingly modified---Intra Court Appeal was dismissed accordingly. (c) Qanun-e-Shahadat (10 of 1984)--- ----Art.114---Estoppel---Scope---No estoppel against law. ORDER This Intra Court appeal (appeal) is directed against judgment dated 21.12.2020 of learned single judge in chambers, in terms whereof appellants constitutional petition, bearing W.P. No.54112 of 2020, was dismissed. 2. Fundamentally the appellant entity, statedly operating a teaching hospital, invoked judicial review jurisdiction inter alia for…
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