PLD 2003 LAHORE 752

Per Tassaduq Hussain Jilani, J.

(a) Constitution of Pakistan, 1973 Preamble

A comparative study of the two Statures would show that while the Federal Law (medical Council Ordinance, 1962) contemplates the creation of a Central Regulatory Authority for whole Pakistan (Medical Council) to establish a uniform minimum standard of basic and higher qualifications in medicine and dentistry”. The Provincial Law (University of Health Sciences, Ordinance, 2002) seeks to establish a degree warding University, with power to undertake, research, teaching, prescribe courses of studies to be taught in affiliated and constituent colleges. There may be overlapping in broad objectives of the two Ordinances but both envisage distinct institutions. However, the subject matter of both the laws fall within the ambit of Item 38 of the Concurrent Lit in the Fourth Schedule to the Constitution of Islamic Republic of Pakistan, 1973.

As discussed above, the UHS Ordinance I not ultra vires of the Pakistan Medical and Dental Council Ordinance rather both supplement each other. [pp. 783, 784] A & B

(b) Constitution of Pakistan, 1973 Article 9

The fundamental right of “right to life” recognized in the entire civilized would and enshrined in Article 9 of our Constitution has been given expanded meaning over the years. With the passage of time the role of the State has become more pervasive. Its actions, policies and laws affect the individuals in a variety of ways and the Courts have accordingly given a more comprehensive and dynamic interpretation of the fundamental rights including the right to life. Right to life is no longer considered as merely a right to physical existence or a right not to be deprived of life without due process of law. It means a sum total of rights which an individual in a State may require to enjoy a dignified existence. In modern age a dignified existence may not be possible without a certain level of education and the State has to play a role in ensuring by positive action that the citizens enjoy this right. [p. 791] E

(c) Constitution of Pakistan, 1973 Article 199

But the law maker has decided to set up a Specialist University of Health Sciences and to the extent of the latter Ordinance, the provision of the former three laws shall stand impliedly repeated. Sitting in the Constitutional jurisdiction this court would not like to enter into the policy making domain of the State or question the legislative wisdom. [p. 796] L

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