Law: Constitution of Pakistan, 1973

Section: 199

Constitution of Pakistan--- ----Art. 199---Medical qualification---Claim for exemption from requirements of FCPS Part-I---Eligibility---Legitimate expectation, doctrine of---Applicability---Petitioners / doctors claimed to have acquired qualification of MCPS and sought exemption from requirements of FCPS Part-1---Petitioners / doctors claimed eligibility based on certificates of recognition of experience and sought protection against change in exemption rules on the premise of doctrine of legitimate expectation---Validity---Pakistan Medical and Dental Council disowned issuance of equivalence certificates and claim of legitimate expectation failed on merits---No vested right could be claimed to displace the effect of revised exemption rules---Neither doctrine of procedural legitimate expectation nor substantive legitimate expectation was attracted--- No unambiguous assurance / representation was made by CPSP to petitioners / doctors nor any such assurance was pleaded---Legitimacy of expectation was not established and consequently doctrine was not available---High Court declined to invoke judicial review jurisdiction to review legality of decision of CPSP---Constitutional petition was dismissed in circumstances. Pakistan through Secretary Ministry of Commerce and 2 others v. Salahuddin and 3 others PLD 1991 SC 546; Hashwani Hotels Limited v. Federation of Pakistan and others PLD 1997 SC 315; Mst. Fatima Faryad and others. v. Government of Punjab and others 2020 CLC 836; Dewan Salman Fibre Ltd. and others v. Federation of Pakistan through Secretary, Ministry of Finance and others 2015 PTD 2304; R v. North and East Devon Health Authority, ex parte Coughlan [2001] QB 213; [2000] 2 WLR 622; Associated Picture Houses Ltd. v Wednesbury Corp. 1948 1 K.B.223; Prof. Paul Craig in the Textbook, Administrative Law (Sweet & Maxwell) Seventh Edition 2012 at page 688 and R. (Bibi) v. Newham London Borough Council [2002] 1 WLR 237 ref. Regina (Patel) v General Medical Council 2013 1 WLR 2801 and 2013 EWCA Civ 327 distinguished. JUDGMENT ASIM HAFEEZ, JUSTICE:---.--- This and connected constitutional petitions, bearing W.P. No. 82054/2022 and W.P. No. 82066/2022 raise common…

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