| Case ID |
edcc18aa-e905-46ce-9ee6-71e9a7d307a9 |
| Body |
View case body. Login to View |
| Case Number |
Civil Petition for Leave to Appeal No. 84 of 1995 |
| Decision Date |
Jun 25, 1995 |
| Hearing Date |
|
| Decision |
The Supreme Court of Pakistan granted leave to appeal to examine significant legal questions surrounding the promotion of employees at Ayub Medical College. The core issue was whether the regulations established by the Pakistan Medical and Dental Council or the Ayub Medical College's own regulations governed the promotions of its employees. The court also addressed if the findings of the High Court, which allowed old regulations to prevail despite amendments, conformed to the established legal principles. The decision emphasized the importance of applying the rules and regulations in effect at the time of promotion and clarified that the old regulations were applicable to the respondent's case, thereby affirming the legality of the promotion process followed by the college authorities. |
| Summary |
In the landmark case of Dr. Fazaleraziq vs. Principal Ayub Medical College, the Supreme Court of Pakistan addressed critical questions of legal importance regarding employee promotions within medical institutions. The case revolved around the interpretation of the Pakistan Medical and Dental Council Rules and the Ayub Medical College's service regulations. The petitioner, Dr. Fazaleraziq, contested the promotion of a colleague, arguing that the latter's qualifications and experience did not meet the requisite standards as per the applicable rules. The court's decision not only clarified the governing laws but also reinforced the principle that promotions must adhere to the regulations in effect at the time of the decision. This case is significant for medical professionals and educational institutions, as it sets a precedent for the application of rules governing promotions and qualifications in the medical field. Key terms include medical education regulations, promotion criteria, and legal precedents in Pakistan. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Pakistan Medical and Dental Council,
Ayub Medical College
|
| Judges |
SALEEM AKHTAR,
MAMOON QAZI,
MUHAMMAD BASHIR KHAN JEHANGIRI
|
| Lawyers |
Mirza Anwar Baig, Advocate Supreme Court,
Ch. Akhtar Ali, Advocate-on-Record
|
| Petitioners |
Dr. FAZALERAZIQ
|
| Respondents |
others,
PRINCIPAL, AYUB MEDICAL COLLEGE
|
| Citations |
1996 SLD 267 = 1996 PLC 39
|
| Other Citations |
Government of N: W.F.P., Health and Social Welfare Department through its Secretary v. Dr. Sheikh Muzaffar Iqbal and others 1990 SCMR 1321,
Dr. Habibur Rahman v. The West Pakistan Public Service Commission, Lahore and 4 others PLD 1973 SC 144
|
| Laws Involved |
Pakistan Medical and Dental Council Rules, 1969,
Ayub Medical College (Terms and Conditions of Service) Regulations, 1980,
Constitution of Pakistan (1973)
|
| Sections |
212(3)
|