MALIK HAQ NAWAZ, J.---The petitioners have called in question the legality/propriety of Notification No, 1-7/ 2016-PCP dated 23-09-2016 issued by Government of Pakistan, Ministry of National Health Sciences, Regulation and co-ordination, wherein the members from the Gilgit- Baltistan Pharmacy Council have not been included. The prayer sought is reproduced as under: "It is, therefore, humbly prayed that by accepting this writ petition set aside the impugned notification dated 23/09/2016 issued by respondents and respondents may kindly be directed to restore the previous condition and status of Gilgit-Baltistan in Central Pharmacy Council Islamabad for large interest of justice, equity and law."
2. Learned counsel for the petitioner submits that the Pharmacy Council was established in 1995 and its notification was issued in the year 2001. Petitioners since establishment of Pharmacy Council are members of Pharmacy Council Islamabad under the supervision of respondent No, 1.
The petitioners were given representation in Pharmacy Council Ministry of Health Islamabad under section 4, subsections (d) and (e) of Pharmacy Act, 1967, on 01.03.2016 the Central Pharmacy Islamabad demanded the nomination from Government of Gilgit-Baltistan and in response the Secretary Health Gilgit-Baltistan issued a nomination letter to the competent authority of Central Pharmacy Council Islamabad but the respondents with a mala fide intention issued the above notification excluding the representation of Gilgit-Baltistan, which is an encroachment on the fundamental rights of the respondents.
3. Learned counsel further submitted that the Pharmacy Act 1967 has been extended to Gilgit- Baltistan and after its extension the petitioners cannot be denied the membership of Pharmacy Council. The learned counsel prays that respondent's action is a colourful exercise of authority, which needs to set aside in the larger interest of justice.
4. Learned Dy. Attorney General, when confronted with the above legal/ factual controversies, he frankly and rightly conceded that the exclusion of the petitioner from the notification dated 23-09- 2016, cannot be termed as a legitimate one.
5. We have heard both the learned counsel and scanned the record of the petition with their able assistance. We have also gone through the various notifications issued by the respondent No, 1 from time to time. It is not disputed that the Pharmacy Act, 1967 (XI of 1967), was adopted and enforced in Gilgit-Baltistan (The then Northern Areas) vide notification No, NA-9(5) dated 29-10- 1997 issued by Government of Pakistan, Kashmir Affairs and Northern Areas and States and Frontier Region Division. For the purpose of convenience the notification is reproduced as under: No, NA-9(5)/8D Government of Pakistan Kashmir Affairs and Northern Areas and States and Frontier Regions Division Islamabad, the 29th Oct,1997 AN
"To adapt and enforced the Pharmacy Act, 1967, in the Northern Areas, whereas it is expedient to adapt and enforce the Pharmacy Act, 1967 (XI of 1967), in the Northern Areas; Now, therefore, the Government of Pakistan is pleased to make the following order:--
1. Short title, extent and commencement:--
(1) This order may be called the Pharmacy Act (adaptation) Order, 1997.
(2) It extends to the whole of the Northern Areas.
(3) It shall come into force at once.
2. Adaptation of the Pharmacy Act, 1997:-- The Pharmacy Act, 1967 (XI of 1967), as enforce immediately before the commencement of this order, and all amendments which may be made after such commencement, and all rules, notifications and orders which may have been, made or issued thereunder shall, as far as practicable, be enforced in the Northern Aras. Sd/xxx (Syed Javed Raza)
Deputy Secretary (NAs)
6. In furtherance of the above notification Government of Pakistan KANA and SAFRO Division conveyed approval of the competent authority for the following composition of the Pharmacy Counsel for Northern Areas Pharmacy Council under the provisions of subsection (2) of Pharmacy Act 1967. The approval was conveyed vide notification No, F-9/5/80- NA-I KANA and SAFRON Division dated 10-11-1997. The Approved composition was as under: "1. Director, Health Services, Northern Areas as precedent of the council.
2. One Pharmacist from among the chemists as, member.
3. One Medical Specialist from DHQ Hospital, Gilgit, as member.
4. Chief Drug Inspector/Secretary Quality Control Board, Northern Areas, Member."
5. One Pharmacist to be nominated by the Provincial Pharmacists Association (To act as Secretary of Council)."
7. As evident from the Gazette of Pakistan (Extraordinary dated 12 Dec 2009, Secretary Pharmacy Council for Northern Areas (at ser XIV) has been notified as member of Central Pharmacy Council in the light of Pharmacy Act, 1967. The notification No,F-3-80/2015-DRAP/NHS, R&C dated 02 March 2016 and section 9 of manual of Drugs Act Pakistan also support and strengthen the claim of petitioners, that the treatment being given to them is not only discriminatory but also against their fundamental rights carries weight.
8. We despite of long deliberation could not find any legal or even a moral justification on the part of respondents, which diluted their mind against the petitioners. We, in the circumstances declare notification No, 1-7/2016/PCP dated 23.09.2016 issued by respondents, as B illegal, and unwarranted and without lawful authority. The respondents are directed to issue fresh notification in the light of Pharmacy Act duly including petitioners therein seeking required nomination required in the said Act from quarter concerned Secretary Health and Population Welfare Gilgit-Baltistan.
9. This writ petition is disposed in the above terms.