Law: Pakistan Medical Commission Act, 2020

Section: 20(1)(2),27(1),28(3)

Law: Constitution of Pakistan, 1973

Section: 199

(a) Jurisdiction--- ----Courts jurisdiction, ouster of---Principle---Such is no longer res integra that unless a statute specifically ousts Courts jurisdiction, ouster of jurisdiction cannot be readily inferred--- Jurisdiction of a special tribunal cannot be inferred by implication--- Ouster of jurisdiction is to be found only if Court finds that provisions of statute excluding jurisdiction of Court are unequivocal, explicitly expressed and definitive. Additional Collector-II Sales Tax v. Messrs Abdullah Sugar Mills Ltd. 2003 SCMR 1026; Maula Dad Khan v. West Pakistan Bar Council PLD 1975 SC 469 and Abbasia Cooperative Bank v. Muhammad Ghaus PLD 1997 SC 3 rel. (b) Pakistan Medical Commission Act (XXXIII of 2020)--- ----Ss.20(1)(2), 27(1) 28(3)---Constitution of Pakistan, Art. 199---Constitutional petition---Licence, non-issuance of---Direction by High Court---Scopes obtained undergraduate medical qualifications from foreign universities---Grievance of petitioners was that Pakistan Medical Commission did not grant them licence to practice on the ground that the institutions were not duly recognized---Validity---High Court in exercise of its jurisdiction under Art.199 of the Constitution, could not direct the regulator / Pakistan Medical Commission to accord recognition to foreign institutions which fell short of satisfying criteria laid down for recognition of such institutions---None of the petitioners had done their house job, internship or foundation year, by whatever name called in the countries from where they had obtained their undergraduate medical qualifications---None of the petitioners was issued a licence to practice in the countries from where they had obtained their medical certificates---Licensing pathways had been devised by the Council for holders of qualifications from foreign institutions---None of such pathways provided a mechanism for a provisional licence to be granted to graduate from category-B foreign institutions not recognized by Pakistan Medical Commissions could not avoid sitting in National Licensing Examination simply because it had been made tough by the regulator---All petitioners had been registered for such examination and they…

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