MUHAMMAD AZHAR vs FEDERATION OF PAKISTAN through Secretary Ministry of Law and Justice, Islamabad Ss

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MUHAMMAD AZHAR VS FEDERATION OF PAKISTAN through Secretary Ministry of Law and Justice, Islamabad Ss.20, 27 & 29---General Clauses Act (X of 1897), S.6---National Licensing Examination---House job---Licensing---Effect of repeal---Scope---Petitioner invoked the constitutional jurisdiction of the High Court seeking a declaration that passing the National Licensing Examination (NLE), as prescribed under S.20 of the Pakistan Medical Commission Act, 2020, was not applicable in his case and could not be a condition imposed on him by the Pakistan Medical Commission (PMC) for obtaining a full license to practice medicine---Petitioner argued that he was entitled to a full license after successfully completing the five professional examinations and one-year compulsory house job under the Pakistan Medical and Dental Council Ordinance, 1962, which was in force when he commenced the MBBS program---Petitioner contended that the mandatory requirement of passing the NLE was introduced subsequently through the Pakistan Medical Commission Act, 2020, which would not operate retrospectively and that he had a vested right to a full license upon meeting the requirements prescribed under the erstwhile statutory framework---Validity---Petitioner's argument was flawed, and there was no legal basis for it---Even under the earlier dispensation, i.e. Admission in MBBS and BDS course and Housejob/Internship/Foundation Years Regulation, 2013 the right to a full license crystalized only upon satisfactory completion of the housejob and clearance of the assessment exam---Thus, neither the Regulations of 2013 admitted any vested right accruing to an aspirant at the outset of the MBBS program---Benefit of S.6 of the General Clauses Act, 1897, did not extend to a student who was in the midst of the MBBS program at the time of enactment of the Pakistan Medical Commission Act, 2020, and had not even embarked upon his one-year housejob---Petitioner's case for a full license was governed by the Pakistan Medical Commission Act, 2020, which was the statute in force when the petitioner had completed his medical education---Petitioner could not be heard to say that his case for a full license should be governed under the erstwhile Ordinance---Accordingly, the constitutional petition was dismissed.

MUHAMMAD AZHAR vs FEDERATION OF PAKISTAN through Secretary Ministry of Law and Justice, Islamabad Ss — 2023 CLC 935 KARACHI-HIGH-COURT-SINDH

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