Humayun Khan Sikandari

Grievance of petitioner was that provisional recognition of his post graduate qualification, could not be withdrawn by the authorities

Validity

Only those post graduate medical qualification could be recognized as additional medical qualification, which was granted by those medical institutions in or outside Pakistan which were included in Third Sched. to Pakistan Medical and Dental Council Ordinance, 1962

Although Federal Government had power to amend Third Sched. but so long a postgraduate qualification was not included in the Third Sched., Medical and Dental Council had no power to recognize the same as additional medical qualification

Such was in contrast to the powers conferred on Medical and Dental Council by Ss.15 and 19 of Pakistan Medical and Dental Council Ordinance, 1962

In absence of entry of said qualification in third Sched. of the Ordinance, the petitioner's present qualification could not be recognized as additional qualification

As the Council had no power to recognize the petitioner's qualification as additional qualification, the principle of locus poenitentiae was not attracted

Petition was dismissed in circumstances.