PHARMACY COUNCIL OF PAKISTAN vs FARAZ LATIF art — 2022 MLD 502 SUPREME-COURT-AZAD-KASHMIR

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PHARMACY COUNCIL OF PAKISTAN VS FARAZ LATIF art.58---azad Jammu and Kashmir Supreme Court Rules, 1978, O.XIII, R. 2 & O.XVIII, R.6---Respondents filed two writ petitions before High Court challenging the condition for pre-registration examination as D-Pharmacists with the appellant (Pakistan Pharmacy Council)---Respondents contended that the condition was imposed by the appellant/Council and Sindh High Court had set aside such condition and directed the appellant/Council to grant registration to respondents within 60 days; that the Council be directed to register the respondents as qualified Pharmacists on basis of degrees granted by the university/"institution"---High Court accepted the writ petitions---appellant contended that the university started pharmacy education without seeking requisite N.O.C. which was allowed on the condition that institution had to pay fine and students admitted therein had to pass pre-registration examination; that respondents failed in the said examination and filed writ petitions in High Court with mala fide intention; that said writ petitions were not maintainable as respondents had alternate/efficacious remedy, i.e. four chances to pass examination; that High Court (aJ&K) had no (territorial) jurisdiction to entertain said petitions/pass orders against appellant; and that judgement of Sindh High Court which had been relied upon by High Court azad Jammu and Kashmir was not applicable to the present case---Validity---attested copy of judgment of Sindh High Court relied upon by the High Court, azad Jammu and Kashmir, was available in the file---Said judgment was challenged before Supreme Court of Pakistan which had upheld the said judgment, as the Council/appellant could not satisfy the Supreme Court as to existence of any specific provision of Pharmacy act, 1967 or any rules/regulations authorizing the Council/appellant to take pre-registration test form students who had completed D-Pharmacy (which program was subsequently allowed to a university after payment of fine)---Facts/circumstances of the present case and that of the case relied upon by High Court, azad Jammu and Kashmir, were of similar nature---Principle of law enunciated by Supreme Court of Pakistan would be followed keeping in view the facts/circumstances of the case-High Court while placing reliance on the said judgment had committed no illegality/legal infirmityÂ---Question as to whether High Court had jurisdiction to entertain the Constitutional petition/pass order against Pharmacy Council of Pakistan as the same was not performing any function in azad Jammu and Kashmir, had already been resolved in Ministry of Kashmir affairs and Gilgit Baltistan and another v. Messrs Z.K. associates (Pvt.) Ltd. and 4 others (2021 YLR 2337)---Findings recorded by High Court in impugned judgment were quite in accordance with law, which warranted no interference---appeals were dismissed accordingly. Head NotesCase Description

PHARMACY COUNCIL OF PAKISTAN vs FARAZ LATIF art — 2022 MLD 502 SUPREME-COURT-AZAD-KASHMIR

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