| Citation(s) |
|---|
| 2003 SLG 3342 2003 SLD 3342 2003 PLD 752 |
Lahore High Court
Writ Petition No. 7281 of 2003, decided on 16th July, 2003. dates of hearing: 24th, 25th, 26th, 27th, 30th June; 1st, 2nd, 3rd, 4th and 8th July, 2003
TASSADUQ HUSSAIN, JILANI, RAJA MUHAMMAD SABIR AND SYED, JAMSHED ALI, JJ
Messrs Aitzaz Ahsan, Iqbal Mehmood Awan, Uzair Karamat Bhandari, Ejaz Ahmad Chadhar, Sehram Sarwar Chaudhry, Mehmood A. Sheikh, Ahmad Farooq Malik, Munib Iqbal, Salman Akram Raja and Salman Mansoor for Petitioners. Syed Shabbar Raza Rizvi, A.G., Punjab an
Writ Petition No. 7281 of 2003, decided on 16th July, 2003. dates of hearing: 24th, 25th, 26th, 27th, 30th June; 1st, 2nd, 3rd, 4th and 8th July, 2003
TASSADUQ HUSSAIN, JILANI, RAJA MUHAMMAD SABIR AND SYED, JAMSHED ALI, JJ
Messrs Aitzaz Ahsan, Iqbal Mehmood Awan, Uzair Karamat Bhandari, Ejaz Ahmad Chadhar, Sehram Sarwar Chaudhry, Mehmood A. Sheikh, Ahmad Farooq Malik, Munib Iqbal, Salman Akram Raja and Salman Mansoor for Petitioners. Syed Shabbar Raza Rizvi, A.G., Punjab an
AHMAD ABDULLAH and 62 others
VS
GOVERNMENT OF THE PUNJAB and 3 others
Law:
Section:
(a) University of Health Sciences Ordinance (LVIII of 2002).-----Preamble---Pakistan Medical and Dental Council Ordinance (XXXII of 1962), Preamble---Constitution of Pakistan (1973), Fourth Sched., Concurrent List, Item 38---Vires of University of Health Sciences Ordinance, 2002---While Pakistan Medical and Dental Council Ordinance, 1962 contemplates the creation of a Central Regulatory Authority for whole of Pakistan to establish a uniform minimum standard of basic and higher qualifications in medicine and dentistry the University of Health Sciences Ordinance, 2002 seeks to establish a degree awarding university, with power to undertake, research, teach, prescribe courses of studies to be taught in affiliated and constituent colleges---Overlapping in broad objectives of the two Ordinances may exist but both envisage distinct institutions ---Subject matter of both the laws, however, falls within the ambit of Item 38 of the Concurrent List in the Fourth Sched. to the Constitution of Pakistan--University of Health Sciences Ordinance, 2002, is not ultra vires of the Pakistan Medical and Dental Council Ordinance, 1962 rather both supplement each other. (b) University of Health Sciences Ordinance (LVIII of 2002)---- ----S. 37---Affiliation of medical institutions---Scope---Affiliation of existing institutions would not be automatic---Principles. Subsection (1) of section 37 of the University of Health Sciences Ordinance, 2002 would indicate that it makes mandatory for all medical institutions except those which have been established under some Federal Statute and are under the Administrative control of the Federal Government within the geographical boundaries of the Province of Punjab to affiliate with the newly established University of Health Sciences and "within such period" and on "such terms and conditions" as may be prescribed. The institutions run by the Federal Government can, of course, voluntarily affiliate. The time frame was considered essential by the law makers as an abrupt switch-over from one University to the other could be problematic either for the students or the institutions concerned. Subsection (1) of this section is relatable to those…
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