1993 PLP 2346 (CLC)

Pakistan Medical and Dental Council v. Dr. Zaib‑un‑Nisa 1991 SCMR 536 rel. Sh. Afzal Ahmad Qureshi for Petitioner. Malik Afzal Rasool and Ch. Muhammad Ishaque alongwith Farooq Bedar, Add1.A: G. for Respondents Nos. 1 and

2. Petitioner after obtaining her M.B.,B.S. Degree from University of the Punjab was selected as demonstrator by the Punjab Public Service Commission and was posted at Fatimah Jinnah Medical College, Lahore. According to the averments made in this petition she had secured her Master Degree in Bio -Medical Sciences with a Major in Micro‑Biology from Marshal University Hungtington West Virginia USA. She applied on 22‑4.1990 to the respondent Pakistan Medical and Dental Council for the recognition of her foreign qualifications. PMDC accorded provisional recognition enabling her to compete for the post of Assistant Professor in Micro‑Biology before the Punjab Public Service Commission (Annex. K). Subsequently through letter dated 22‑8‑1990 she was informed that the meeting of the Recognition Committee was going to be held on 15‑9‑1990 wherein her foreign qualification would be considered for recognition (Annex L). Ch. Muhammad Ishaq learned counsel appearing for the PMDC during the pendency of this petition intimated on 10‑12‑1990 that the 77th Session of the Pakistan Medical and Dental Council was held on 11‑11‑1990 which approved recommendations of the recognition Committee qua the petitioner's qualification of Master of Science (Micro‑Biology) Marshal University, West Virginia USA as equivalent to Minor Post‑Graduate Qualification. Learned counsel appearing for the petitioner has argued that the recognition is totally against law declared by the Supreme Court of Pakistan in case titled Pakistan Medical and Dental Council v. Dr. Zaib‑un‑Nisa reported in 1991 SCMR 536 wherein distinction of Minor/Major has been done away with. It has been held by the Supreme Court as under:‑‑ "In the first place the regulations contain no category of medium qualification. Therefore, all the efforts of the respondent to get a declaration from the Court of law that her qualification should be considered as medium when the medium category does not exist either in the law or in the Regulations, would be asking the Court to grant a relief not provided for or recognized by law. Similarly, the Council has been following wrong practice of registering additional qualifications as minor or major because having laid down in the Regulations itself the standards, it is when for teaching posts the candidates come forward with such qualifications that qualifications have to be examined on their comparative merits and not on the basis of registration records containing minor or major, which is not recognized classification for the purposes of registration. Such a categorisation is only for the purposes of appointment against the various posts and not for registration." It is also argued that in the pro forma of Medical and Dental Council which was got verified through diplomatic channel, the petitioner's qualification of M.Sc. in Micro‑Biology has been mentioned just below Ph.D. Further in column 5 thereof, it has been stated categorically that the petitioner's qualification of M.Sc. entitles her to hold consultant/teaching post in USA. On this basis it is argued that all these aspects have not been considered neither by the Recognition Committee nor by the Council. He has stated that he would feel satisfied if petitioner's case is considered afresh by the Council in the light of the above‑referred Supreme Court judgment and other relevant documents. This request is genuine and is not opposed by the counsel appearing for respondent seriously. Accordingly earlier decision conveyed to the petitioner recognising her M.Sc. Degree as minor is hereby set aside and the case is remitted to the Pakistan Medical and Dental Council for its decision afresh expeditiously. Writ petition is disposed of with the above direction. Office is directed to transmit this order to respondent No.l Pakistan Medical and Dental Council for compliance. A.A./S‑317/L Order accordingly.