Case Details

Citation(s)
2022 SLG 144 2022 SLD 144 2022 PLD 29
Peshawar High Court
Writ Petition No. 2130-P of 2019, decided on 1st July, 2021. Date of hearing: 1st July, 2021.
MUSARRAT HILALI AND SYED ARSHAD ALI, JJ
Abdul Rahim Khan Jadoon for Petitioners. Zartaj Anwar Khan and Kamran Murtaza, A.A.G. for
Respondents.

UMAIR KALEEM and others

VS

GOVERNMENT OF KHYBER PAKHTUNKHWA through Secretary, Health Department and others

Law:

Section:

Khyber Pakhtunkhwa Faculty of Paramedical and Allied Health Sciences Act (XXII of 2016)--- ----S. 4(j), (n) (v)---Medical faculty---Powers---Dental Surgical Assistant and Dental Technician---Distinctions were students of Dental Technician Diploma who were aggrieved of introduction of new curriculum of Dental Surgical Assistant---Validity---Dental Technician and Dental Surgical Assistant were different to each other---Job profile of a Dental Technician was to construct and repair dental devices such as denture, bridges, crowns and artificial teeth with job description to work in various dental laboratories like Prosthodontics Lab, Ceramics Lab and Orthodontics Lab---Dental technician was not allowed to treat a patient while job profile of Dental Surgical Assistant was to assist in pre-surgical care and also provide assistance to a Dental Surgeon during the process of surgery---Dental Surgical Assistant could not examine, advice or treat a patient---Functions to be performed by Dental Surgical Assistant and Dental Technician were totally distinct and there could be no comparison between the two---Worries that diploma of Dental Surgical Assistant would affect rights of petitioners in the matter of employment were based on assumption only---Constitutional petition was dismissed, in circumstances. PLD 2007 SC 386 rel. JUDGMENT MUSARRAT HILALI, J.---Through the petition in hand, filed under Article 199 of the Constitution of the Islamic Republic of Pakistan, 1973, petitioners seek the following relief:- i. To declare the impugned decision of introducing a new Curriculum by the name of Dental Surgical Assistant (DSA) is in undue duplication of the earlier approved curriculum of Dental Technician thus shall be declared as illegal,unlawful, without lawful authority and thus of no legal effect and hence liable to be set aside and reversed. ii. The respondent shall not act in prejudice to the rights of the petitioners in any manner. iii. The respondents be directed not to offer the impugned Diploma course which is in duplication of the earlier approval curriculum for Dental Technicians. 2. Briefly stated facts of the case are that petitioners Nos.1 to 15 are students and…
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