Case Details

Citation(s)
2000 SLG 2150 2000 SLD 2150 2000 PLD 202
Lahore High Court
Writ Petition N.o.22602 of 1996, heard on 31st May, 1999. DATE of hearing: 31st May, 1999
TANVIR AHMAD KHAN, J
Mian Sarfrazul Hassan for Petitioner. Sh. Anwar-ul-Haq, Dy. A.G. and Fauzi Zafar, Asstt. A.G. for
Respondents

PUNJAB PHARMACY EDUCATION FOUNDATION, Lahore through Chairman

VS

SECRETARY HEALTH, GOVERNMENT OF PAKISTAN, ISLAMABAD and 2 others

Law: Pharmacy Act, 1967

Section: 18,19

Law: Constitution of Pakistan, 1973

Section: 199

Pharmacy Act (XI of 1967)- ----Ss. 18 & 19---Constitution of Pakistan (1973), Art.199---Constitutional petition---Affiliation of educational institution---Petitioner institution had taken exception to order of Authority whereby its application for affiliation with Central Pharmacy Council of Pakistan was rejected---Inquiry Committee comprising of senior officers visited place of petitioner, but nothing was found there---Neither there was arty laboratory nor other requirements envisaged under law---Petitioner before satisfying requirements of affiliation conveyed impression to the general public that petitioner had already been affiliated with Central Pharmacy Council of Pakistan and by so doing the petitioner had succeeded in charging colossal amount by deceiving students and their parents---Such act of petitioner had misled general public and a criminal case was also registered against the petitioner---Petitioner who not only had failed to make out a case on merits, had also not approached the Court with clean hands---High Court declined to exercise its discretion in favour of petitioner in circumstances. Rahimyar Khan College of Education through Principal and another v. Islamia University of Bahawalpur through Vice-Chancellor and 3 others 1996 SCMR 341; 1996 CLC 64; AIR 1993 SC 2178; St. Xaviers Co11egc v. State of Gujarat (1975) 1 SCR 173; AIR 1974 SC 1389; Federation of Pakistan v. Saeed Ahmad PLD 1974 SC 151; Nawab Syed Raunaq Ali and others v. Chief Settlement Commissioner and others PLD 1973 SC 236 and Messrs Airport Support Services v. The Airport Manager, Quaid-e-Azam International Airport, Karachi and others 1998 SCMR 2268 ref. JUDGMENT Petitioner through this constitutional petition has taken exception to the order, dated 21-11-1996 issued by respondent No.3 Secretary, Pharmacy Council of Pakistan, rejecting his application for affiliation with the Council. It is the case of the petitioner that Sandal Educational Foundation of Kamalia was duly registered under the Societies Act, 1860, with the Assistant Registrar, Joint Stock Companies, Lahore. This Society, according to the learned counsel, has opened many educational institutions in different…
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