Law:

Section:

Pakistan Medical and Dental Council Ordinance (XXXII of 1962)-------S.33---Punjab Health Department (Medical and Dental Teaching Posts) Service Rules, 1979, Sched. II---Constitution of Pakistan (1973), Arts. 143 & 199---Constitutional petition---Appointment---Eligibility of candidate---Petitioners/candidates pursuant to an advertisement issued by Public Service Commission, for appointment of Assistant Professors of Surgery, filed applications for such appointment---Petitioners, however. were refused to be interviewed on the ground that because of their tow percentage of marks in M.B.,B.S., they could not be interviewed--­Pakistan 'Medical and Dental Council Regulations, 1985 framed under S.33 of Pakistan Medical and Dental Council Ordinance, 1962, had provided that if a candidate was qualified and had requisite experience, then the merit was to be inter-judged with reference to preferences of priority and first preference was Teaching experience, second preference was practical experience after Post-Graduation and third preference was practical experience before Post-Graduation---Provincial Government had taken the plea that according to Punjab Health Department (Medical and Dental Teaching Posts) Rules, 1979, no provision existed with regard to preference of teaching or practical experience ---Validity--­Pakistan Medical and Dental Council Regulations, 1985 framed by Pakistan Medical and Dental Council, in exercise of powers under Pakistan Medical and Dental Council Ordinance, 1962, which was a Federal Statute was in conflict with provisions of Punjab Health Department (Medical and Dental Teaching Posts) Service Rules, 1979 which was a Provincial Statute---Provincial Statute would have to give way to Federal. Statute in view of provisions of Art. 143 of the Constitution---High Court, accepting Constitutional petition, directed that Public Service Commission would evaluate petitioners/candidates strictly in accordance with Pakistan Medical and Dental Council Regulations, 1985 by observing order of preference prescribed therein. Dr. Abrar Hussain Ahmad Khan and others v. Government of Punjab through Secretary and others 1995 CLC 1409; Miss Hina Javed and…

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