P L D 2009 Islamabad 13 (PLP)

MUHAMMAD MUNIR PERACHA, J.

The petitioner did his M.B.,B.S. in 1991 from Bahauddin Zakariya University, Multan as a regular student of Nishtar Medical College, Multan. Thereafter, he served in different hospitals. In the year 1996, he proceeded abroad to improve further professional skill in Cardiology Medicines from Rajavithi Royal Institute of Cardiology, Thailand (Bangkok). He passed the entrance examination and joined the fellowship programme of the Institute. He was awarded certificate to show that he has completed training course in Cardiology with effect from July, 1996 to June, 1998. He gave an application for recognition of his postgraduate qualification. On 28-12-1998, his fellowship in cardiology Thailand was recognized as additional qualification on provisional basis for a period of six months. He was issued a certificate to that effect, Annexure-'E". Again on 15-1-2001, a similar certificate was issued to him, which is placed as Annexure-"G". This certificate too was valid for a period of six months. His case for recognition of additional qualification was examined by the Standing Recognition Committee of Pakistan Medical and Dental Council in its meeting held on 30-10-2000. The petitioner was heard in person and interviewed by the Committee. The Committee decided that he may be declared eligible for FCPS (Cardiology) Examination to be conducted by the College of Physicians and Surgeons of Pakistan on behalf of Pakistan Medical and Dental Council. He appeared in the theory examination on 19-12-2002 and cleared the examination. His case was again examined by the Standing Recognition Committee in its meeting held on 2-12-2003. The Committee unanimously decided to withdraw the provisional registration as well as eligibility of postgraduate registration/equivalence examination with immediate effect. The decision was conveyed to the petitioner vide letter dated 30-12-2003, Annexure-"N". The petitioner approached the High Court through Writ Petition No.1493/04. The writ petition was disposed of vide order dated 16-7-2008 in the following terms:-- "Mr. Mushtaq Hussain, learned counsel for the petitioner states that his representation is pending before respondent No.1 awaiting adjudication since 2004. Registrar P.M.D.C. concedes this position and undertakes that decision will be rendered shortly. In this view, respondent No.1 is directed to decide the matter within one month, positively, petition stands disposed of."

2. The matter was taken up by the Executive Committee of Pakistan Medical and Dental Council in its meeting held on 21-7-2008. The Committee decided to place the case before Standing Recognition Committee for comprehensive review and to obtain a recommendation before proceeding any further. The meeting of the Recognition Committee was held on 29-7-2008. The Committee stuck to its earlier decision dated 2-12-2003. The Pakistan Medical and Dental Council considered the recommendation of the Standing Recognition Committee and decided as follow:-- "The case was referred by the Honourable High Court Islamabad to the Council. Executive Committee considered the case of "Fellowship in Cardiology Medicine from Royal Institute of Cardiology" in respect of Dr. Shahid Bashir for recognition as additional postgraduate qualification and perused the decision of the Standing Recognition Committee on 29th July, 2008 in which, Dr. Shahid Bashir was called for interview and was given a detailed personal hearing by the Committee. Dr. Shahid Bashir was asked to produce a postgraduate degree of M.D. (Cardiology) but the appellant was unable to do so instead he produced two certificates of one year each of having done training in Cardiology. The relevant Thai authorities have verified these two years of training. Only a medical/dental qualification or an additional medical qualification degree is registrable and just the certificate of training for a qualification cannot be registered under the PM&DC Ordinance, 1962. The Executive Committee decided to accept his two years of training of Cardiology towards any relevant postgraduate additional medical qualification in Pakistan. However, the appellant shall have to fulfil other requirements of the said examination in which he wishes to appear".

3. The petitioner approached this Court through the present writ petition with the following prayer:

"(i) The impugned order dated 20-8-2008 passed by respondent No.1 may kindly be set aside to the extent of not conferring any decree on the basis of equivalence to the accepted two years training of cardiology towards any post graduate additional medical qualification which is at least MD in Cardiology in Pakistan. The part of the impugned letter dated: 20-8-2008 not consonance with the prayer of the petitioner may also please be set aside. (ii) Declare the decision of the respondent dated 2nd December, 2003 withdrawing the petitioner's provisional recognition and eligibility for post graduate examinations as void ab initio being without lawful authority. (iii) Declare that the petitioner is entitled to an appropriate equivalence i.e. FCPS (Cardiology) and consequently grant the petitioner permanent registration of fellowship in cardiology medicine from Thailand. (iv) Direct the respondent to permit the petitioner to appear in the viva/clinical examinations to be supervised by an unbiased examination board. (v) In the alternative and without prejudice to the above prayers, it is most respectfully prayed that to consistent with the practice and acting in a non-discriminatory manner, the respondents be directed to confer upon the petitioner the recognition of any other post graduate degree like M.D. Cardiology. (vi) Prevent the respondent from taking any further action detrimental to the rights of the petitioner."

4. In response to the notice issued by this Court, Registrar of the Council Dr. Ahmad Nadeem Akbar and Saira Rubab Nasir, Legal Officer appeared before the Court.

5. I have heard the learned counsel for the parties and have gone through the record with their assistance.

6. Learned counsel for the petitioner submits that fellowship in cardiology Thailand was recognized as additional qualification on provisional basis initially for a period of six months. This Provisional recognition was extended from time to time. He was found eligible for FCPS (Cardiology) Examination. He was allowed to appear in the examination and he successfully cleared the same. He submits that the petitioner is entitled to get recognition on the principle of locus poenitentiae. Relies on the judgment of "The Engineer-in-Chief Branch through Ministry of Defence, Rawalpindi and another v. Jalaluddin, (PLD 1992 Supreme Court 207)".

7. It is submitted on behalf of the respondent that the petitioner produced two certificates of one year each of having done training in cardiology, which is neither a recognized degree nor a clinical degree. His qualification cannot be recognized as additional qualification under the provision of Pakistan Medical and Dental Council Ordinance, 1962.

8. Sections 11 to 16 of the Pakistan Medical and Dental Council Ordinance, 1962 deal with recognition of medical qualification and additional medical qualification. Section 11 provides that the medical qualification granted by medical institutes in Pakistan, which are included in the First Schedule shall be recognized as medical qualification. Under subsection (2) of section 11, any Medical Institute in Pakistan, which grants a medical qualification not included in the First Schedule may apply to the Federal Government to have such qualification recognized and the Federal Government after consulting the Pakistan Medical and Dental Council may include such qualification in the First Schedule.

9. Section 12 provides that the medical qualification granted by Medical Institutions outside Pakistan, which are included in the Second Schedule shall be recognized medical qualification. Sections 13 and 14 empower the Federal Government to amend the second schedule so as to include medical qualification granted by the institutions outside Pakistan in certain cases. The corresponding provisions regarding dental qualification are-contained in section 18:-- Section 15 of the Ordinance provides as under:-- "If the Council is satisfied that a person is, by reason of qualification granted by a medical institution outside Pakistan not included in the Second Schedule, and of qualifications which entitle him to be recognized as possessed of sufficient medical qualifications for the purposes of this Ordinance, it may, with the approval of the Federal Government, certify that the person was possessed of such qualification; and, on such certification by the Council, the person shall be deemed to be possessed of qualifications which Ordinance for such period and upon such conditions as may be specified by the Council in this behalf."

10. Section 19 is also relevant for the present purposes and is reproduced:-- "If the Council is satisfied that a person is, by reason of qualifications granted by a dental institution outside Pakistan, not included in the Fifth Schedule, and of experience gained in any part of Pakistan, possessed of qualifications which entitle him to be recognized as possessed of sufficient dental qualifications for the purposes of this Ordinance, it may, with the approval of the Federal Government, certify that the person was possessed of such qualifications; and, on such certification by the Council, the person shall be deemed to be possessed of qualifications which are recognized-dental qualifications for the purposes of this Ordinance for such period and upon such conditions as may be specified by the Council in this behalf."

11. Section-16 deals with the additional medical qualification, which provides:-- (1) The postgraduate medical qualifications granted by medical institutions in or outside Pakistan which are included in the Third Schedule shall be recognized additional medical qualifications for the purposes of this Ordinance. (2) On the recommendation of the Council, the Federal Government may, by notification in the official Gazette, amend the Third Schedule so as to include therein any additional medical qualification in respect of which the Council is satisfied that it is of sufficient standing to warrant its being including therein. (3) Such notification may also direct that an entry shall be made in the last column of the Third Schedule against such additional medical qualification declaring that it shall be recognized additional medical qualification subject to any specified conditions and only when granted before or after a specified date.

12. Section 15 empowers the Pakistan Medical and Dental Council that if it is satisfied that a person is, by reason of qualifications granted by medical institutions outside Pakistan, not included in Second Schedule and of experience gained in any part of Pakistan possessed of qualification, which entitle him to be recognized as possessed of sufficient medical qualifications, it may with the approval of the Federal Government, certify that the person was possessed of such qualification and on such certification, the person shall be deemed to possess such qualification, which are recognized medical qualifications. To the same effect are provisions of section 19 regarding recognition of dental qualification. Thus the Pakistan Medical and Dental Council has the jurisdiction to give a certificate to a person to have possessed medical or dental qualification, who had qualified from medical or dental institutes outside Pakistan, which is not included in Second or Fifth Schedule, if in the opinion of the council, the person has gained experience in any part of Pakistan entitling him to be recognized having medical qualification or dental qualification as the case may be. However, there is no such corresponding provision regarding additional medical qualification. It can therefore, be concluded that only those postgraduate medical qualification granted by medical institutions in or outside Pakistan can be recognized as additional medical qualification, which are included in Third Schedule. Although, the Federal Government has power to amend Third Schedule but so long the postgraduate qualification is not included in the Third Schedule, the Council has no power to recognize the same as additional medical qualification. This is in contrast to the powers conferred on the council by sections 15 and 19 of the Ordinance.

13. In view of what has been said, in the absence of entry in the Third Schedule, the petitioner's qualification cannot be recognized as additional qualification. Since Pakistan Medical and Dental Council has no power to recognize the petitioner's qualification as additional qualification, the principle of locus poenitentiae would not be attracted. There is no force in the writ petition, which is dismissed with no order as to costs. M.H./S- 136/Isl. Petition dismissed.