Law:

Section:

  Medical Council Ordinance (XXXII of 1962)--- ----Ss. 3 (1) (f) & 7(2)---Any professor on the teaching staff of any medical institution or dental institution in Pakistan can contest election for the membership of council representing that institution thereon and as such it was not necessary that only the Principal of a Medical College could become member of the Council. Under section 3(1)(f) of the Ordinance any professor, on the teaching staff of any, medical institution or dental institution in Pakistan can contest election for the membership of P.M.D.C. representing that institution thereon and as such it was not necessary that only the Principal of Medical College could become member of the Council. Therefore, the Professor of Medicine (Neurology), of a Medical College was eligible to contest election for the membership of the Council and irrespective of the fact whether he subsequently remained the Principal or not, he could retain the membership of the Council until he ceased to represent the College due to his death or retirement, resignation, dismissal or removal, from service or transfer to some other institution, or he vacates his seat for any reason mentioned in the third proviso to section 7(2), or the normal term of his membership otherwise expires, subject to a rider thereinafter mentioned. The Professor who was duly elected member of the Council representing Medical College, could retain the membership of the Council despite having ceased to be the Principal of the College. Therefore, his removal from the membership of the Council by substituting him with another person was against the rules of natural justice as he was not afforded the opportunity of being heard. The order of replacement passed by the Government of Pakistan at the behest of the council was declared against law and without lawful authority, subject to the condition that Federal Government, in exercise of its powers under section 3(2) of the Ordinance, shall hold a probe by associating therewith the elected professor and the one replaced for him whether he was elected as member of P.M.D.C. by the Governing Body of the College or by the Teaching Staff of the College as…