MUHAMMAD SADIQ LEGHARI, J.--- Appellant Dr. Karim Ahmed Khawaja submitted nomination form for the seat of technocrat and professional before the Returning Officer for Senate Election 2006, Sindh, Karachi on 11-2-2006. In the result of scrutiny on 14-2-2006 his nomination form was rejected on the ground that he had not proved to have 20 years experience in the field. He has appealed against the order.
2. Today the appellant has produced medium of instructions issued by Sindh Medical College and Jinnah Postgraduate Medical Centre, Karachi, certificate issued by the Principal and Chairman Academic Council, Sindh Medical College, Karachi that clinical posting in different disciplines of medicine and surgery are the mandatory requirements for medical students of M.B.,B.S. course from 3rd year course to final year. Appellant has also sworn his affidavit deposing therein that he did attend the wards of hospital from 3rd year till final year regularly. On 18-2-2006 he had also produced certificates issued by General. Secretary Kachi Memon Jamaat Chakiwara that he/the appellant is sitting in dispensary of Kachi Memon Jamaat Chakiwara since, 1985 for treatment to the poor patients of Liyari and Balochistan. As an evidence of his experience in the field he also produced other certificates issued by Agha Khan Diagnostic Centre, Garden Karachi on 15-2-2006, Pak Medical and Welfare Trust on 15-1-2006, Szabist on 22-9-2004, Imam Zainul Abedin (A.S.)
Hospital on 15-2-2006, notification of appointment of appellant as consultant to the Health Department, Government of Sindh on 10-1-1994.
3. While arguing the appeal Mr. 'Aijaz Khawaja, the learned Advocate representing the appellant contended that the appellant's experience in the medical field started since 1983 by attending the patients in the wards while being student of 3rd year of M.B.,B.S. course and continued in the profession after examination of the final year of M.B,B.S. in 1985. He referred to the above noted documents.
4. The appellant had not produced the material before the learned Returning Officer which he has produced now before this Tribunal. However, the documents produced by him deserve to be considered.
5. The experience required is not always to be necessarily after the completion of the education. In certain disciplines the student's experience starts during the education also. Copy of the medium of instructions and the certificate issued by Principal and Chairman Academic Council, Sindh Medical College, Karachi shows that clinical postings in different disciplines of medicines are the mandatory requirement for medical student of M.B.,B.S. programme. Obviously such posting is nothing but practical performance in the field which surely amounts to be an experience. Since the appellant is the holder of M.B.,B.S. degree the natural inference would be that he did perform at the clinical postings since 3rd year of M.B.,B.S. course during 1983-84 and final year i.e. 1984-85. The certificate issued by General Secretary, Kacchi Memon Jamaat Chakiwara, supports the affidavit of the appellant on the assertion about attending and treating poor patients at dispensary of Kacchi Memon Jamat Chakiwara since 1985 till date i.e. 4-2-2006,. The other certificates produced by the appellant confirm him to be practically in the medical field and his performance against different assignments. Thus, there is evidence showing him to have an experience in the medical field since 1983-84 till now which period is more than 20 years.
6. The achievements at the national or international level are not the mandatory requirements but they simply include the experience. In order to show his achievement the appellant has produced two books; one written by him on "Environmental and Deltaic Crises in Indus Valley" and the other is translation and commentary by him on a book Ibrat Kada written by Dr. Ibrahim Khalil Shaikh. In fact the two books cannot be treated as his achievements, referred to in the law as those do not relate to his experience as doctor/medical practitioner and are in some different disciplines.
Anyway the requirement of 20 years' experience in the field the degree whereof the appellant is holding is satisfied. Therefore, his nomination deserves to be accepted. Consequently the order assailed through present appeal is reversed and nomination of the appellant accepted.