| Case ID |
20058ceb-6882-42fb-a360-2b446b94f94e |
| Body |
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| Case Number |
Writ Petitions 52871, 54133, 56170 and 58578 of 20 |
| Decision Date |
Oct 14, 2019 |
| Hearing Date |
Oct 08, 2019 |
| Decision |
The Lahore High Court ruled that the Pakistan Medical and Dental Council (PMDC) lacked the authority to amend the MBBS and BDS (Admissions, House Job and Internship) Regulations, 2018, which were protected under the repealed Pakistan Medical and Dental Council Ordinance, 1962. The court determined that the omission of relevant provisions in the Pakistan Medical and Dental Council Ordinance (II of 2019) prevented PMDC from altering admission regulations. The amendments made by PMDC were declared ultra vires and void ab initio. Consequently, the court allowed the constitutional petitions, reinstating the original admission criteria as per the protected regulations. |
| Summary |
The case revolves around the legal authority of the Pakistan Medical and Dental Council (PMDC) to amend existing admission regulations for medical colleges following the repeal of its previous ordinance. The Lahore High Court examined the provisions of the Pakistan Medical and Dental Council Ordinance (II of 2019) and concluded that PMDC did not possess the necessary legislative power to alter the protected MBBS and BDS (Admission, House Job and Internship) Regulations, 2018. This decision is significant for prospective medical students and the regulatory framework governing medical education in Pakistan. The ruling emphasizes the importance of adhering to legislative provisions and the limitations of regulatory bodies in making amendments without clear statutory authority. The court's decision reinstates the previous admission criteria, ensuring that the rights of candidates seeking admission are safeguarded. Keywords: PMDC, medical admissions, legal authority, Lahore High Court, regulations, legislative power, constitutional petitions. |
| Court |
Lahore High Court
|
| Entities Involved |
University of Health Sciences,
Pakistan Medical and Dental Council
|
| Judges |
MUHAMMAD AMEER BHATTI, JUSTICE,
MALEEHA SYED
|
| Lawyers |
Rizwan Mushtaq,
Morris Nadeem,
Muhammad Sohail Anjum,
Ch. Muhammad Atiq,
Mufti Ahtsham-ud-Din Haider -UHS,
Imran Muhammad Sarwar,
Barrister Ch. Muhammad Umar,
Rana Muhammad Ansar
|
| Petitioners |
Rizwan Mushtaq,
Morris Nadeem,
Muhammad Sohail Anjum
|
| Respondents |
PAKISTAN MEDICAL AND DENTAL COUNCIL THROUGH REGISTRAR AND OTHERS,
Imran Muhammad Sarwar,
Ch. Muhammad Atiq,
Mufti Ahtsham-ud-Din Haider -UHS,
Barrister Ch. Muhammad Umar,
Rana Muhammad Ansar
|
| Citations |
2020 SLD 302,
2020 YLR 97
|
| Other Citations |
PLD 1995 SC 423,
1988 SCMR 747,
2003 SCMR 370,
PLD 2011 SC 619,
1995 SCMR 1856,
1997 SCMR 1781,
1986 SCMR 916,
PLD 1969 SC 407,
PLD 2019 Lah. 558,
PLD 2005 Lah. 261,
PLD 2011 Lah. 1,
2012 CLC 1071
|
| Laws Involved |
Pakistan Medical and Dental Council Ordinance (II of 2019),
Constitution of Pakistan, 1973,
General Clauses Act, 1897,
MBBS and BDS (Admission, House Job and Internship) Regulations, 2018
|
| Sections |
42,
42(2),
49,
49(2),
199,
6(1),
6,
7
|