' FAZAL-UR-REHMAN, J.---The petitioner through this Constitutional petition under Article 199 of the Constitution of Islamic Republic of Pakistan, 1973 has made the following prayers:-- a. Declare that action of Respondent No.1 in not granting Provisional Registration to petitioner is without lawful authority; b. To make appropriate direction to Pakistan Medical and Dental Council to do its duty under Pakistan Medical and Dental Council Ordinance 1962 and Rules and Regulation thereunder and to grant Provisional Registration to petitioner as a successful M.B.,B.S. Medical Certificate holder; with effect from 11-7-2003 when direction was made by Honourable High Court to Baqai University to declare M.B.B.S. Final result, followed by final judgment dated 11-12-2003; c. To direct Respondent No.2 to entertain petitioner's application as a Candidate for the post of Medical Officer in Balochistan Health Department as advertised by Commission and for which written exam is now scheduled to be held from 1-5-2004; d. To make such other orders both mandatory and prohibitory as may be called for or deemed just to give effect to the principal reliefs sought in the petition.
2. Briefly stated the facts of the case are that the petitioner who did his F.Sc. From Balochistan Board of Intermediate and Secondary Education, Quetta got admission in Islamabad Medical and Dental College, Islamabad stated to be affiliated with Baqai Medical University and is being run by Healers Education Society since, 1996. Baqai Medical University was established under Sindh Legislation called Baqai Medical University Act, 1996 (Act XIV of 1996). It is stated that there had been controversy between the Pakistan Medical and Dental Council established under Medical Council Ordinance, 1962 and the Society as Pakistan Medical and Dental Council had called upon Baqai Medical University not to grant or to continue affiliation till such time, that the Islamabad Medical and Dental College, Islamabad was recognized by Pakistan Medical and Dental Council, such direction was impugned by Society through Writ Petition No.2455 of 2002 filed at Rawalpindi Bench of Lahore High Court. It is stated that petition was disposed of on 31-10-2002 with certain observations and Pakistan Medical and Dental Council was prohibited from interference with the affiliation of Islamabad Medical and Dental College Islamabad. It is stated that the petitioner appeared in final M.B.,B.S. Exam. But result was withheld by Baqai University as Pakistan Medical and Dental Council demanded, that before result was issued and degree awarded, the Islamabad Medical and Dental College, Islamabad required registration with Pakistan Medical and Dental Council. It is stated that writ petitions were filed by students including petitioner being Writ Petitions Nos.1884 of 2003 and 2961 of 2003 wherein, Pakistan Medical and Dental Council and Baqai Medical University were amongst the respondents. The Hon'ble Judge of the Lahore High Court, Rawalpindi Bench while admitting Writ Petition No.1884 of 2003 was pleased to pass interim order dated 11-7- 2003 directing the University to declare results of the petitioners subject to the decision of writ. It is stated that the University filed C.P.L.A. No.1518 of 2003 which was dismissed by order dated 29-9- 2003. It is stated that both the petitions were allowed by Rawalpindi Bench of Lahore High Court by separate judgments of 11-12-2003 with direction to Baqai University to declare the results of petitioners students. Accordingly, the University declared the result and issued provisional certificates. It is stated that certain columns were left blank for which reason contempt application being Criminal Original No.31-W of 2004 was filed for failure to abide by orders in letter and spirit dated 11-12-2003. It is stated that Principal, Islamabad Medical and Dental College, Islamabad vide his letter dated 10-1-2004 informed Pakistan Medical and Dental Council of declaring result of final year M.B.,B.S. Requesting to register their degrees. This was followed by continuation letter dated 16- 1-2004 intimating names of successful students including petitioner. It is stated that petitioner also submitted applications on 14-11-2003 as also on 29-1-2004 requesting issuance of Provisional Registration Certificate, urgency was shown that in the meantime, Balochistan Public Service Commission had invited applications from Medical Graduates for appointment as Medical Officers in Provincial Health Department where registration with Pakistan Medical and Dental Council was condition of eligibility. It is stated that there was no response. It is maintained that Provisional Registration with Pakistan Medical and Dental Council is on passing M.B.,B.S. Examination and is granted from date of clearing examination, permanent registration is given after house job is done by the concerned doctor. Minimum duration for house job is one year divided into six months house job in medicine or allied and six months in surgery or allied. It is stated that petitioner passed out in M.B.,B.S. Which was first batch passed out of Islamabad Medical and Dental College since its affiliation in 1997-98. It is stated that Pakistan Medical and Dental Council has been registering qualifications of Medical Graduates of Baqai Medical University itself but discriminatory treatment is meted out to graduates of Islamabad Medical and Dental College which is unjust and unconstitutional. It is stated that other affiliated institution with Baqai Medical University is Lahore Medical College, Lahore but first batch of students has not passed out. It is maintained that through advertisement and on requisition of Health Department, Respondent No.2 announced 135 vacancies of Medical Officers (B-17). Petitioner applied but by Rejection Memo. Dated 5-4-2004, the petitioner has been informed that he did not fulfill the condition of valid Registration of medical qualification with Pakistan Medical and Dental Council.
3. Feeling aggrieved from refusal of Pakistan Medical and Dental Council to grant Provisional Registration Certificate and consequential Rejection Memo. From Respondent No.2 refusing to entertain application for want of petitioner's registration with Pakistan Medical and Dental Council and according to petitioner, there is no other adequate alternate remedy therefore, he filed the present Constitutional petition with the aforesaid prayers.
4. Parawise comments were filed. In the report and parawise comments which have been filed on behalf of Respondent No.1 objection regarding maintainability of the petition has been raised by contending that the petitioner is not competent to file this Constitutional petition as he does not possess a required medical qualification, he was not eligible for entry test for admission in Medical College, secured admission in an unrecognized Medical Institution and without exhausting the remedy available to him under the Pakistan Registration of Medical and Dental Practitioners Regulations, 1996. It is maintained in the comments that the Islamabad Medical and Dental College is no more affiliated with the said University and it has been admitted that the Pakistan Medical and Dental Council has been registering qualification of medical graduates from Baqai Medical University, Karachi whereas, said College is stated to have been found to be deficient/destitute regarding qualified staff and other essential facilities for imparting medical education to the students and as such, was never recommended to the Government of Pakistan for its recognition. It is stated that petitioner never approached the Pakistan Medical and Dental Council for issuance of Provisional Certificate and he does not possess recognized medical qualification with the meaning of provisions of Ordinance, 1962, therefore, the provisions of Pakistan Medical and Dental Council Ordinance, 1962 are not attracted in the case of the petitioner. The reply of Respondent No.2 is to the extent that since the petitioner did not possess registration of the Pakistan Medical and Dental Council which is a requirement for the post of Medical Officer, therefore, he was not eligible and his application was rejected and he was informed accordingly.
5. After hearing the learned counsel for the petitioner, learned counsel for respondent, learned Advocate General Balochistan, Standing Counsel and having gone through the contents of petition as well as comments submitted by the Respondents Nos.1 and 2, we are of the view that this petition is not maintainable as the petitioner cannot invoke the jurisdiction of this Court under Article 199 of the Constitution of Islamic Republic of Pakistan for want of territorial jurisdiction.
6. Learned counsel for Respondent No.1 contended that the office of Pakistan Medical and Dental Council is located at Islamabad and the cause of action also accrued there therefore, this Court cannot grant any relief for want of jurisdiction. Learned counsel has also submitted that number of cases have been filed at Islamabad.
7. Learned Law Officers of the Federal and Provincial Governments have also submitted that this petition is not maintainable as according to them this Court has no territorial jurisdiction in the matter as the Pakistan Medical and Dental Council functions at Islamabad and the College wherefrom, the petitioner did his graduation also located at Islamabad while Baqai Medical University is at Karachi. The contentions of learned counsel for respondent and Law Officers are not without force.
8. On the other hand learned counsel for the petitioner opposing the above contentions of the learned counsel for respondents and learned Law Officers argued that no objection regarding territorial jurisdiction of this Court has been raised by the respondents in the parawise comments and has submitted that since the branch office of the Pakistan Medical and Dental Council is at Quetta therefore, this Court has got the jurisdiction and the petition is maintainable.
9. As far as question of jurisdiction of High Court under section 20 C.P.C. Is concerned, it depends upon the nature of the relief which has been claimed. According to section 20 (c) C.P.C., an appropriate writ could be claimed from a High Court within the territorial limits of which, the cause of action wholly or in part arose. The Court is to see, what is the dominant object of filing of the writ petition.
10. In the instant case, dominant object is registration of the petitioner's qualification with Pakistan Medical and Dental Council. The Islamabad Medical and Dental College, Islamabad and the office of the Pakistan Medical and Dental Council are located at Islamabad whereas, Baqai Medical University which conducted the examination is at Karachi. Moreover, the perusal of documents suggests that the cause of action accrued to the petitioner at Islamabad even prior to issuance of Rejection Memo. Dated 5th April, 2004 by the Respondent No.2, as the petitioner did not possess the registration of the Pakistan Medical and Dental Council which is a requirement for the post of Medical Officer.
11. The observations made by the Hon'ble Supreme Court in the authority reported in (PLD 1997 SC 334) are noteworthy, the same are reproduced below for the sake of facility:--
6. The learned Judges of the Division Bench have pointed out the language originally employed in Article 98(2)(a)(i) of 1962 Constitution prior to the incorporation of clause (c) by the First Amendment Act, 1963, for distinguishing the case of Asghar Hussain v. Election Commission of Pakistan and others (PLD 1968 SC 387). The view found favour with the learned Judges of the Division Bench in the case in hand seems to be in consonance with Articles 199 (1) (a)(i) and (ii) of the Constitution of the Islamic Republic of Pakistan, 1973, hereinafter referred to as the Constitution.
A perusal of the above sub-clause (a) (i) of the above Article indicates that a High Court has power to issue a direction to a person performing within its territorial jurisdiction functions in connection with the affairs of the Federation, a Province or a local authority to refrain from doing anything he is not permitted by law to do or to do anything he is required by law to do. Similarly, under sub-clause (a)(ii) a declaration without lawful authority or of no legal effect can be given by a High Court in respect of any act done or proceeding taken within its territorial jurisdiction by a person performing functions in connection with the affairs of the Federation, a Province or a local authority.
7. The petitioner's prayer was for a direction to the Customs Authorities at Karachi not to levy the regulatory duty. The above relief could have been granted by the High Court of Sindh within whose jurisdiction the person performing the affairs of the Federation is discharging his functions.
8. We may observe that it has become a common practice to file a writ petition either at Peshawar, or Lahore, or Rawalpindi or Multan etc. To challenge the order of assessment passed at Karachi by adding a ground for impugning the notification order which a particular levy is imposed. This practice is to be depreciated. The Court is to see, what is the dominant object of filing of the writ petition. In the present case, the dominant object was not to pay the regulatory duty assessed by a Customs official at Karachi. We are, therefore, not inclined to grant leave. Leave is refused.
12. There is another factor which comes in the way of petitioner. It has been stated that the Pakistan Medical and Dental Council is a body constituted by the Federal Government under the Pakistan Medical and Dental Council Ordinance, 1962. The medical education in Pakistan is controlled by the Council. One of the main functions of the Council is to lay down the minimum standard of basic and higher qualifications in Medicine and Dentistry. It is stated that regulations have been framed for regulating the medical education in Pakistan. It is maintained that the Pakistan Registration of Medical and Dental Practitioners Regulations, 1966, Sub-Servient to Pakistan Medical and Dental Council, 1962, Regulation-6 lays down the procedure of registration as medical practitioner with the Pakistan Medical and Dental Council Islamabad while Regulation-21 provides for the appeal against refusal of registration. A complete procedure is provided regarding institution, hearing and disposal of appeals in Part-V of the aforesaid Regulation. Where an appeal is competent but it is not filed, the High Court cannot issue a writ. This Court in exercise of its Constitutional jurisdiction would not allow the petitioner to seek such relief through the present petition.
13. Having regard to the above mentioned factors, relevant provisions of law and authority, we are of the view that this petition is not legally maintainable and the same is accordingly dismissed.