Mst. Liaba Rauf vs Pakistan Medical and Dental Council S — 2024 MLD 2019 ISLAMABAD

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Mst. Liaba Rauf VS Pakistan Medical and Dental Council S. 6---Pakistan Medical and Dental Council Act 2022 (IV of 2023), Ss.17(4) & 51---Pakistan Medical Commission Act (XXXIII of 2020), Ss. 40 & 8 (2)(f)---Pakistan Medical Commission Conduct of Examinations Regulations, 2021---Repeal of an Act, effect of---Result of Medical and Dental Colleges' Admission Test---Period of validity---Vested right of passing candidate---Claim of the petitioner, candidate for Medical and Dental Colleges' Admission Test (MDCAT), was that at the time when she took MDCAT, Pakistan Medical Commission Conduct of Examinations Regulations, 2021 ('the Regulations 2021'), were in the field under which her result was to remain valid for two years and such a right could not have been taken away through a subsequent repeal of the said Regulations or through an administrative policy---Validity---Pakistan Medical Commission Act, 2020 ('the PMC Act 2020') was repealed under S.51 of the Act 2022 which is titled as "Repeals and Savings"---Provision under S.51(1) of Pakistan Medical and Dental Council Act 2022 ('the Act 2022') shows that the repeal of the PMC Act 2020 is subject to S.6(c) of the General Clauses Act, 1897---It appears that S.51(1) of the Act 2022 by legislative reference provides for the saving of the rights and liabilities which existed at the time of the repeal of the PMC Act 2020---Section 51(2), inter alia, provides for savings and validates all decisions taken and the regulations made pursuant to the PMC Act 2020 by the PM&DC---It is a principle of interpretation of statutes that in the absence of a stipulation to the contrary, any change in law affecting vested rights is to have prospective effect---After having passed the MDCAT a right had accrued in favour of the petitioner for the MDCAT result shall be valid for two years and since the said right was the creation of Regulations made under the statute it was a substantive and vested right which could not have been taken away without an express sanction of law---Section 17(4) of the Act 2022 also holds the MDCAT result to be valid for three years---Therefore, no inconsistency in said regard can be inferred between Regulation 10(5) of the Regulations 2021 and S.17(4) of the Act 2022---Therefore, the right of the petitioner that her MDCAT result shall remain valid for two years under the Regulations 2021 was a substantive right which was deemed to be saved under S.6 of the General Clauses Act, 1897 and could not have been taken away by the device of an administrative decision---High Court declared the petitioner's MDCAT 2022 result to be valid for two years---Constitutional petition was allowed with costs to be borne by the PM&DC.

Mst. Liaba Rauf vs Pakistan Medical and Dental Council S — 2024 MLD 2019 ISLAMABAD

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