Law: Pakistan Medical Commission Act, 2020

Section: 8,37,47

Law: Public Procurement Regulatory Authority Ordinance (PPRA), 2002

Section: 5(2),16(1)

(a) Pakistan Medical Commission Act (XXXIII of 2020)--- ----S.8, Preamble---Pakistan Medical Commission---Functions and duties---Regulatory statutes---Scope---Provisions of Pakistan Medical Commission Act, 2020 are regulatory in nature with clarity as to powers and functions of bodies constituted thereunder---Regulatory statutes do not operate in vacuum rather they regulate a particular field, profession etc. and more often than not provide adjudicatory mechanism with respect to measures taken or orders / directions passed by such regulatory bodies or their officials--- Any remedy provided under regulatory statute is limited and confined to adverse orders, directions and steps / measures taken by regulatory bodies with respect to their regulatory functions under their respective statutes. (b) Administration of justice--- ----Tribunals---Jurisdiction---Tribunals created under their respective special laws possess limited jurisdiction and cannot be equated with the Courts of general jurisdiction. Muhammad Shafi, Co. v. National Bank and others PLD 1995 Lah. 360; Digital Radio Paging Ltd. v. Pakistan Industrial Credit and Investment Corporation and others 2003 CLD 1612; Sheikh Abdul Hakeem v. Shamsuddin PLD 2008 Quetta 14 and Lahore Development Authority through D.G. and others v. Ms. Imrana Tiwana and others 2015 SCMR 1739 rel. (c) Pakistan Medical Commission Act (XXXIII of 2020)--- ----Ss.37, 47---Public Procurement Regulatory Authority Ordinance (XXII of 2002), Ss.5(2), 16(1)---Alternate and efficacious remedy---Joint venture---Procurement, question of company was aggrieved of award of Joint Venture Agreement executed between Pakistan Medical Commission and respondent company for holding and conducting different computer based MCQs test such as Medical and Dental Central Admission Test (MDCAT)--- Plea raised by Petitioner was that Joint Venture Agreement was violative of the provisions of Public Procurement Regulatory Authority Ordinance, 2002---Validity---Overriding effect under S.47 of Pakistan Medical Commission Act, 2020 was confined and limited to regulatory functions of the Commission---Such effect was to come into play only where some other law was to…

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