Law:

Section:

Pakistan Medical and Dental Council Regulations, 1965Regln. 19Punjab Health Department (Medical and Dental Teaching Posts) Service Rules, 1979Notification No. SOR.III16/81, dated 17101981NorthWest Frontier Province Civil Servants (Appointment, Promotion and Transfer) Rules, 1975, R.4Constitution of Pakistan (1973), Art. 185(3)Respondent's Constitutional petition before High Court praying for declaration that amendment made in Punjab Health Department (Medical and Dental Teaching Posts) Service Rules, 1979 by Notification No. SRO.III16/81, dated 17101981, prescribing qualifications for appointment to post of Professor in educational cadre of Medical Colleges and prescribing date of appointment as before 25111977 was illegal and of no legal effectConstitutional petition of respondent was partly allowed by High Court whereby it was declared that respondent was eligible to be considered for promotion as Professor in accordance with Regulations of Pakistan Medical and Dental Council Regulations which have ascendancy over Punjab Health Department (Medical and Dental Teaching Posts) Service Rules, 1979ValidityPetitioner claimed that direction to consider respondent for promotion to Grade20 under Pakistan Medical and Dental Council Regulation No. 19 of 1979 was in conflict with judgment of Supreme Court in Muzaffar, Iqbal's case (1990 SCMR 1321) wherein it was laid down that respondent being civil servant, terms and conditions of his service were not governed by Regulations made by Pakistan Medical and Dental Council but by NorthWest Frontier Province Civil Servants (Appointment, Promotion and Transfer) Rules, 1975; it was by incorporation of qualifications in Rules that civil servants like respondent and others could claim to be governed by them and not independently of any such incorporationLeave to appeal was granted to consider the contention raised and also to consider whether law laid down by Supreme Court being binding, same was not noticed by High Court and the direction to follow Regulations of Pakistan Medical and Dental Council was illegal. Syed Shabbar Raza Rizvi, Addl. A.G., Muhammad Anwar Ghuman, Advocate Supreme Court and Rao Muhammad Yusuf Khan,…

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