YLR 2007

2007 PLP 1725 (YLR)

MUHAMMAD IFTIKHAR and another — Petitioners Versus PUNJAB PHARMACY COUNCIL through ex-officio Chairman and 3 others — Respondents

Jurisdiction / Court
Lahore
Decided Date
Writ Petition No.2010 of 2007, decided on 12th April, 2007.
Honorable Judges
Sh. Azmat Saeed, J
Case Reference Summary (AEO Optimized)
Citation 2007 PLP 1725 (YLR)
Forum / Court Lahore
Bench Members Sh. Azmat Saeed, J
Parties MUHAMMAD IFTIKHAR and another — Petitioners Versus PUNJAB PHARMACY COUNCIL through ex-officio Chairman and 3 others — Respondents
Primary Law Pharmacy Act (XI of 1967)
💡 Quick Legal QA & Summary / سوال و جواب خلاصہ
Q1: What are the key laws and sections cited in 2007 PLP 1725 (YLR)?

This judgment primarily cites: Pharmacy Act (XI of 1967) as referenced in Pakistani case law index.

Q2: Which judicial bench decided the case 2007 PLP 1725 (YLR)?

The case was heard and decided by the Lahore bench comprising: Sh. Azmat Saeed, J.

Q3: What is the official citation format for this judgment on Pakistan Law Portal?

Cite this legal precedent as: 2007 PLP 1725 (YLR) (MUHAMMAD IFTIKHAR and another — Petitioners Versus PUNJAB PHARMACY COUNCIL through ex-officio Chairman and 3 others — Respondents). Read the full summary and cross-referenced laws free on Pakistan Law Portal.

Laws Cited

Pharmacy Act (XI of 1967)

Representation

  • Dr. Eshan ul Haque Khan for Petitioners.
  • Malik Zafar Iqbal Awan Addl. A.-G. for Respondents. .

Headnotes / Summary

Ss. 30, 29 & 25(2)

Constitution of Pakistan (1973), Art.199

Constitutional petition

Contention of the petitioners was that they possessed the requisite qualification to be registered as Apprentice Pharmacists in terms of Pharmacy Act, 1967; that they were not registered as such as admittedly the process of registration had been discontinued by the Provincial Pharmacy Council for over a decade and that they also possessed the requisite qualification as to age and educational qualifications as mentioned in S.30, Pharmacy Act, 1967 and were entitled to participate in the forthcoming examination being conducted by the Council in terms of S.29 of the Act

Validity

High Court directed the Council to hold an examination for the registration as Pharmacists by or before specified date

Such of the petitioners who possessed the requisite qualifications to be registered as Apprentice Pharmacists as enumerated in S.25(2) of the Pharmacy Act, 1967 and further possessed other qualifications as were mentioned, inter alia, in S.30 of the said Act shall be entitled to participate in the said examination in that behalf as mentioned in the Act or Rules framed thereunder

None of the petitioners shall be denied the right to sit in the Examination on the ground that they were not registered as Apprentice Pharmacists, as such registration had admittedly been discontinued by the Council.

Judgment & Decree

SH. AZMAT SAEED, J.

The grievance of the petitioners is that they possess the requisite qualifications to be registered as Apprentice Pharmacists in terms of the Pharmacy Act (XI of 1967). However, they were not registered as such as admittedly the process of registration had been discontinued by the respondents for over a decade. It is further contended that the petitioners also possess the requisite qualification as to age and educational qualifications as mentioned in section 30 of the Pharmacy Act, and, hence, are entitled to participate in the forthcoming examination being conducted by the respondents in terms of section 29 of the Pharmacy Act for registration as Pharmacists.

2. Similar matter came up before this Court in Writ Petition No.1806 of 2007 which was disposed of with appropriate directions issued on the undertaking of the respondents.

3. Consequently, this constitutional petition is also disposed of with the direction to the respondents to hold an Examination for the registration as Pharmacists by or before 1st of September, 2007. Such of the petitioner who possesses the requisite qualifications to be registered as Apprentice Pharmacists as enumerated in section 25(2) of the Pharmacy Act and further possesses other qualifications as are mentioned, inter alia, in section 30 of the Pharmacy Act shall be entitled to participate in the said Examination provided they do not suffer from any disqualification in this behalf as mentioned in Pharmacy Act or Rules and Regulations framed thereunder. None of the petitioners shall be denied the right to sit in the examination on the ground that they are not registered as Apprentice Pharmacists as such registration has admittedly been discontinued by the respondents. Disposed of accordingly. M.B.A./M-275/L Order accordingly.