Law: Balochistan Clinical Laboratory Regulatory Rules, 2005

Section: 4(6),4(1)13,5,6,7,8,9,11

Law: Balochistan Clinical Laboratory Regulatory Rules, 2005

Section: 4(6),4(1)13,5,6,7,8,9,11

Law: Constitution of Pakistan, 1973

Section: 18

(a) Constitution of Pakistan (1973)-------Arts. 18 & 199---Constitutional petition---Right to enter upon any lawful profession, trade or occupation---Under Article 18 of the Constitution, every citizen of Pakistan was entitled to enter upon any lawful profession or occupation and to conduct any lawful trade or business subject to qualifications, if any, as could be prescribed by law---Said right was not an absolute right, but was liable to certain restrictions---Proviso (a) of Art.18 of the Constitution had conferred upon government to regulate any trade, profession through a licencing system---Power to regulate necessarily includes a power to prohibit, which implied a power to foster, to protect, control and restoration---Fundamental Right in Art.18 of the Constitution, pertaining to freedom of trade, was also subject to such qualification as could be prescribed by law which was a clog on the said fundamental right---If the Constitution had given to the legislature the power to regulate a trade by a licencing system, it must follow that the power to prohibit vested in the legislature insofar as the trade under such system could only be carried by the licensed persons, corporations--Under Art.18 of the Constitution, person without having a qualification could run a business or trade, but of profession would not mean the freedom to enter upon any profession or occupation without having the requisite qualification---Regulations of the professions of medicine, dentistry, law and other like professions which involve the safety and health of the general public, were carried on in most of the countries, which provided that qualifications could be prescribed by law---In order to determine reasonableness of restriction, likely imposed to the nature of business and conditions prevailing in the trade, it was obvious that said factors must differ from trade to trade and no hard and fast rules concerning the trades could be laid down---Creation of moral rights in favour of person or body of persons to carry on any business, prima facie would affect the freedom of trade---But it could not be said that in no circumstance he exclusion of competition so as to create a…

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