Prerogative of Government

Government was also competent to adopt policies which were essential for day to day business within constitutional framework

Where, however, a case of arbitrary exercise of power by the Government, or a public functionary was made out or violation of statutory Rules was proved, or any policy or executive or administrative order had been issued without any statutory backing, or any contravention was noted in the policy; or order and statutory Rules, then, the court was duty bound to declare such policy and administrative order to the extent of such inconsistency against the statute and without lawful authority

Pakistan Medical and Dental Council was the only statutory body vested with authority to frame policy, criteria for admission for Medical Colleges

Executive Committee was not competent to make its own policy or provide additional qualification in presence of Pakistan Medical and Dental Council Regulations

Conditions formulated in the meeting of Executive Committee being contrary to the Pakistan Medical and Dental Council Regulations, were declared ultra vires of the Pakistan Medical and Dental Council Regulations/Rules, in circumstances.