| Citation(s) |
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| 2026 SLG 357 2026 SLD 357 = 2026 MLD 1 |
Lahore High Court, Rawalpindi Bench, Rawalpindi
Writ Petition No. 401 of 2022, heard on 4th June, 2025.
Presented By: Before Mirza Viqas Rauf, J
M. Salman Idrees and Malik Jamal Tariq for Petitioner. Hunble Murad Siddique and Zulqarnain Tariq Qureshi for Petitioner (in Writ Petition No. 1917 of 2024). Mansoor Usman Awan, Attorney General for Pakistan. Haseeb Shakoor Paracha, Additional Attorney General for Pakistan. Ms. Rahat Farooq Raja, Assistant Advocate General, Punjab.
Writ Petition No. 401 of 2022, heard on 4th June, 2025.
Presented By: Before Mirza Viqas Rauf, J
M. Salman Idrees and Malik Jamal Tariq for Petitioner. Hunble Murad Siddique and Zulqarnain Tariq Qureshi for Petitioner (in Writ Petition No. 1917 of 2024). Mansoor Usman Awan, Attorney General for Pakistan. Haseeb Shakoor Paracha, Additional Attorney General for Pakistan. Ms. Rahat Farooq Raja, Assistant Advocate General, Punjab.
JHELUM HOMOEOPATHIC MEDICAL COLLEGE, JHELUM, through its Principal---Petitioner
VERSUS
FEDERATION OF PAKISTAN through Secretary, Ministry of National Health Services Regulations and Coordination, Government of Pakistan and 3 others--Respondents
Law: Unani, Ayurvedic and Homoeopathic Practitioners Act, 1965
Section: II,2(c),2(k),17,21(1),21(2)
Law: Constitution of Pakistan, 1973
Section: 18,25,199
(a) Unani, Ayurvedic and Homoeopathic Practitioners Act (II of 1965)--- ----Ss.2(c), 2(k), 17 & 21(1)&(2)---Constitution of Pakistan, Arts. 18, 25 & 199--Admission to recognized institution of Unani or Ayurvedic system of medicine and Homoeopathy---Minimum qualification requirement---Candidates having bachelor or higher education with science given preference---Discrimination, plea of---Vires of law, challenge to---The issue in the present case revolved around the constitutional validity of S.21(2) of the Unani, Ayurvedic and Homoeopathic Practitioners Act, 1965, as amended by the 2021 amendment--The amendment raised the minimum qualification for admission to recognized institutions of Homeopathy from Matriculation with Science to Intermediate (F.Sc. Pre-Medical) or equivalent, giving preference to candidates with higher science education---The petitioner, a homoeopathic medical college, challenged this provision as being discriminatory and violative of fundamental rights under the Constitution, particularly in comparison to the qualifications prescribed for Unani and Ayurvedic institutions---Held: Determination of qualifications for admission to institutions in any field was within the legislative competence of the Government---The Act, 2021 was placed before the Majlis-e-Shoora (Parliament) and after approval, it received assent of the President on 1st December, 2021---The amendment in Subsection (2) of the Act, 1965 in no way offended any of the fundamental rights of the petitioners, moreso, Art.18 of the Constitution as it in no way abridged the right of trade or profession of the petitioners embodied therein---The qualification so enhanced through the amendment was though directly related to the candidates willing to apply for admission in the institutions but none had come forward to challenge the vires of the same---There was a clear distinction between qualifications for homeopathy and unani or ayurvedic system of medicine---Therefore, there was no case of discrimination with the students seeking admission in homeopathy as compared to the unani or ayurvedic system of medicine---Both the fields were not similar and…