| Case ID |
f76db110-091f-4822-8a17-707ce0df4412 |
| Body |
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| Case Number |
C.P. No. D-3977 of 2021 |
| Decision Date |
Sep 30, 2021 |
| Hearing Date |
Sep 30, 2021 |
| Decision |
The constitutional petition filed by the petitioner, Muhammad Azhar, was dismissed by the Sindh High Court. The petitioner contested the applicability of the National Licensing Examination (NLE) as mandated by the Pakistan Medical Commission Act, 2020, arguing that he should be granted a full license based on the requirements of the previous regulatory framework. The court ruled that the petitioner had no vested rights under the earlier ordinance and that the regulations in force at the time he completed his medical education were applicable. The court emphasized that the right to a full license only crystallized upon successful completion of the requisite house job and passing the assessment exam, and thus the requirement to pass the NLE was valid and applicable to the petitioner. |
| Summary |
The case of Muhammad Azhar vs. Federation of Pakistan raised significant questions regarding the applicability of the National Licensing Examination (NLE) in light of the Pakistan Medical Commission Act, 2020. The petitioner argued that he should be granted a full medical license based on the regulations in effect when he commenced his medical studies, specifically the Pakistan Medical and Dental Council Ordinance, 1962. The Sindh High Court, however, upheld the new requirements established by the PMCA, ruling that the petitioner had no vested rights that would exempt him from the NLE. The court clarified that the right to a full license was contingent upon completing both the house job and passing the required examinations, thereby affirming the legal framework set forth by the PMCA. This case underscores the importance of regulatory compliance in medical licensing and highlights the transition from older ordinances to new legislative frameworks. Keywords: National Licensing Examination, Pakistan Medical Commission Act, medical licensing, legal compliance, healthcare regulations. |
| Court |
Sindh High Court
|
| Entities Involved |
Not available
|
| Judges |
AHMED ALI M. SHAIKH, CJ,
YOUSUF ALI SAYEED, J
|
| Lawyers |
Not available
|
| Petitioners |
MUHAMMAD AZHAR
|
| Respondents |
3 others,
FEDERATION OF PAKISTAN through Secretary Ministry of Law and Justice, Islamabad
|
| Citations |
2023 SLD 1023,
2023 CLC 935
|
| Other Citations |
AIR 1955 SC 84,
(1985) 1 SCC 436,
(1971) 3 SCR 815,
AIR 1989 SC 1614,
AIR 1997 SC 412,
(1895) AC 425,
(1969) 1 All ER 121
|
| Laws Involved |
Pakistan Medical Commission Act, 2020,
General Clauses Act, 1897
|
| Sections |
20,
27,
29,
6
|