Law: Unani Ayurvedic and Homeopathy Practitioners Act, 1965

Section: 17(4) , 47

  Unani Ayurvedic and Homeopathic Practitioners Act (II of 1965)--- ----Ss. 17(4) & 47---Constitution of Pakistan (1973), Art. 199---Constitutional petition---Recognition of Homeopathic Medical College---Application for recognition of Homeopathic College which was to be forwarded by Council to Federal Government with ,its recommendations whether required recognition should or should not be granted, was held up by the Council contending that petitioner had not fulfilled requirement for recognition as required by Regulations. framed by the Council---Board duly constituted made a detailed report of inspection stating that petitioner's college almost fulfilled requirement for recognition though with some deficiencies---Council under S.17(4) of Unani Ayurvedic and Homeopathic Practitioners Act, 1965 was duty bound to forward application notwithstanding nature of its recommendation and could not withhold same insisting on Regulations, for Regulations framed under law could not override the law under which same were framed---Parent statute was to override the Regulations wherever they were to come in conflict with provision of the parant statute because Regulations were subordinate legislation---Council was directed to forward application to Federal Government in compliance with provisions of S. 17(4) of Unani, Ayurvedic and Homeopathic Practitioners Act, 1965. Interpretation of statutes---   ---- Parent statute was to override the Regulations wherever they were to come in . conflict with the provisions of parent statute. Bashir Ahmad Ch. for ;-petitioner: Kh. Noor Mustafa standing Counsel for Respondent. Date of, hearing: 14th May, 1996. JUDGMENT The petitioner has filed the writ petition seeking a declaration that action of respondents in keeping the application filed for recognition by the petitioner pending since 1994 was an act of mala fide, without jurisdiction and without lawful authority and has prayed for issuance of direction to the respondents to decide the application of the petitioner without any loss of further time. The comments were called from the respondents and the writ petition was admitted to regular hearing to examine- whether…