| Case ID |
ec6066eb-2f55-40fb-9d20-ad36379564d4 |
| Body |
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| Case Number |
Civil Appeals Nos. 3, 4 of 2018, 3412 of 2017 and |
| Decision Date |
Jan 12, 2018 |
| Hearing Date |
|
| Decision |
The Supreme Court of Pakistan delivered a comprehensive judgment addressing the implications of the Pakistan Medical and Dental Council (Amendment) Ordinances of 2014 and 2015, focusing on their validity in light of the constitutional framework. The court ruled that the Council of Common Interests (CCI) did not have a role in the legislative process for matters listed in the Federal Legislative List, asserting that Parliament held absolute authority to enact laws without requiring CCI's approval. The court also clarified that the amendments made by the Ordinance ceased to exist after their lapse, revitalizing the previous legal framework. The decision emphasized the supremacy of Parliament in legislative matters while ensuring that actions taken by the PMDC during the period of the Ordinances were protected under the de facto doctrine until a new council was constituted. The court directed that the PMDC would operate under the supervision of the CCI for future regulations, ensuring compliance with constitutional mandates. |
| Summary |
This case involves significant legal interpretations regarding the authority of the Pakistan Medical and Dental Council (PMDC) and its legislative powers following amendments through Ordinances. The Supreme Court's ruling clarifies the relationship between the PMDC and the Council of Common Interests (CCI), asserting that the CCI does not hold legislative power for matters in the Federal Legislative List. The decision upholds the constitutional principle of parliamentary supremacy while addressing the procedural validity of regulations made by the PMDC. It emphasizes that any amendments made by the Ordinances lapse with their expiration, and the court mandated a new council's formation to ensure compliance with the law. This ruling impacts medical education governance in Pakistan, ensuring that the PMDC operates within its legal framework. Keywords: Pakistan Medical and Dental Council, Supreme Court, legislative authority, constitutional law, medical education governance. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
University of Health Sciences (UHS),
Pakistan Medical and Dental Council,
Shalamar Medical College, Lahore
|
| Judges |
MUSHIR ALAM,
JUSTICE SAJJAD ALI SHAH
|
| Lawyers |
Muhammad Akram Sheikh, Senior Advocate Supreme Court,
Syed Rifaqat Hussain Shah, Advocate-on-Record,
Syed Faraz Raza, Moazzam Habib and Miss Marium Rauf, Advocates,
Sardar M. Latif Khan Khosa, Senior Advocate Supreme Court,
Ch. Akhtar Ali, Advocate-on-Record,
Sardar Shahbaz Ali Khan and Ms. Naz Gul Shah, Advocates,
Ch. Muhammad Ashfaq Bhullar, Advocate Supreme Court,
Mahmood A. Sheikh, Advocate-on-Record,
M. Dastagir, Advocate,
Munawar-us-Salam, Advocate Supreme Court,
Barrister Tariq Saeed Rana, Legal Advisor, Shalamar Medical College, Lahore,
Syed Ali Zafar, Advocate Supreme Court,
Commander (R) Farasat Ali, Deputy Registrar, NUMS,
Ahsan Masood, Legal Advisor, CMH Lahore Medical College,
Dr. Arshad Ali Khan, AMS,
Usman Rana, Litigation Officer,
Ch. Muhammad Attique, Legal Advisor, UHS,
Ashtar Ausaf Ali, Attorney General for Pakistan,
Muhammad Waqar Rana, Addl. A.G.P.,
Ch. Aamir Rehman, Addl. A.G.P.,
Asad Rahim Khan, Arsal Amjad Hashmi and Usama Rauf, Advocates
|
| Petitioners |
PAKISTAN MEDICAL AND DENTAL COUNCIL THROUGH PRESIDENT AND 3 OTHERS
|
| Respondents |
MUHAMMAD FAHAD MALIK AND 10 OTHERS
|
| Citations |
2018 SLD 2407,
2018 SCMR 1956
|
| Other Citations |
Gooderham and Works Ltd. v. Canadian Broadcasting Corporation AIR 1949 PC 90,
Zaibun Nisa v. Land Commissioner, Multan and others PLD 1975 SC 397,
Government of Punjab through Secretary, Home Department v. Ziaullah Khan and 2 others 1992 SCMR 602,
Muhammad Arif and another v. The State and another 1993 SCMR 1589
|
| Laws Involved |
Constitution of Pakistan, 1973,
General Clauses Act, 1897,
Pakistan Medical and Dental Council Ordinance (XXXII of 1962)
|
| Sections |
70,
75,
89,
154,
264,
Fourth Schedule, Parts. I, II,
6,
6A,
3,
33
|