PAKISTAN MEDICAL COMMISSION vs PROVINCE OF SINDH Ss — 2022 CLC 1848 KARACHI-HIGH-COURT-SINDH

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PAKISTAN MEDICAL COMMISSION VS PROVINCE OF SINDH Ss.4 & 8 (2)(f)---Constitution of Pakistan, Arts. 142 & 143---Admission policy---Occupied field, doctrine of---Applicability---Federal and Provincial legislation---Scope---Petitioner, Pakistan Medical Commission (the Commission), was aggrieved of notifications issued by Provincial Government lowering benchmark for Medical and Dental Colleges Admission Test (MDCAT) from 65%, laid down by the Commission, to 50% for admission in private and public medical colleges and universities in the Province of Sindh---Validity---Main object of Art. 142 of the Constitution was to underline parameters to guide both the Federal and Provincial Legislatures to exercise their respective legislative authority within--- Parliament to have exclusive authority on subjects, topics and activities enumerated in the Federal Legislative List and matters incidental or ancillary thereto--- Whereas, Provincial Legislature to have legislative competency on subjects, topics, and activities not mentioned in Federal Legislative List, in addition to the matters relating to criminal law, criminal procedure and evidence---Where both the Federal and Provincial Legislatures had made a law on the same subject claiming concurrent jurisdiction and there was a conflict between them, then, per Art.143 of the Constitution, to the extent of any repugnancy between the two laws, the Federal law was to prevail---Notifications in question were based Sindh Cabinet's decision and were result of no legal authority or a law in the field, pari materia, etc. promulgated by the Province of Sindh on the subject, post Constitutional 18th Amendment, empowering the Sindh Cabinet to make such decision to even bear scrutiny of applicability of doctrine of occupied field in the matter---High Court quashed all four notifications in question and declared those to be void ab initio having been issued without lawful authority and of no legal effect---Constitutional petition was allowed, in circumstances.

PAKISTAN MEDICAL COMMISSION vs PROVINCE OF SINDH Ss — 2022 CLC 1848 KARACHI-HIGH-COURT-SINDH

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