MUSARRA T HILALI, J. Through the petition in hand, filed under Article 199 of the Constitution of the Islamic Republic of Pakistan, 1973, petitioners seek the following relief:- i. To declare the impugned decision of introducing a new Curriculum by the name of Dental Surgical Assistant (DSA ) is in undue duplication of the earlier approved curriculum of Dental Technician thus shall be declared as illegal, unlawful, without lawful authority and thus of no legal ef fect and hence liable to be set aside and reversed. ii. The respondent shall not act in prejudice to the rights of the petitioners in any manner . iii. The respondents be directed not to offer the impugned Diploma course which is in duplication of the earlier approval curriculum for Dental Technicians.
2. Briefly stated facts of the case are that petitioners Nos.1 to 15 are students and are studying the approved syllabus meant for Dental Technician Diploma while the remaining respondents have completed the said course and are serving on different posts. It is alleged that in view of the Provincial Cabinet meeting dated 27.12.2005, the competent authority approved eight stage paramedics service structure and the existing 57 different categories of paramedics have been restructured to 14 cadres including one category by the name of Dental Technician. The said 14 cadres were notified as paramedics cadre vide Notification dated 10.05.2016, however , in the 4th meeting of the Governing Body of the. Faculty of Paramedical and Allied Health Science several agenda items including introduction of new curriculum Dental Surgical Assistant (DSA ) was discussed which was objected by the representative of Director General, Health Services on the ground that Dental Technicians are already working in Health Department having the requisite qualification as per Khyber Pakhtunkhwa Medical. Faculty and the same would be a duplication of the earlier approved curriculum. It is also alleged that despite the observations of the representative of DG Health Services, the Governing Body decided that both the course will run side by side. In view of the said decision, respondent No.4 floated an advertisement and invited application for 02 years Dental Surgery Assistant (DSA), and in the said publication, it was mentioned that the DSA diploma is equivalent to that of Dental Technology which is already taught; that according to the petitioners, the introduction of the new curriculum caused uncertainty amongst them because the same may hamper or reduce job opportunities for them in the said field; thus, having no other officious remedy , the petitioners have invoked the constitutional jurisdiction of this Court through the instant petition.
3. Heard. This Court in view of the grounds urged in the writ petition called comments from respondents Nos. 2 to 4 which were submitted accordingly . Learned counsel' for the petitioners during his argument reiterated the grounds articulated in his writ petition, therefore, we need not reproduce the same here.
4. As is mentioned in the preceding para, petitioners (1 to 15) are studying Denta l Technician Diploma Course in Post Graduate Paramedical Institute while petitioners Nos.16 to 20 are serving as Senior Dental Technician and Chief Dental Technician in various Medical Teaching Institute of the Province. The petitioners through the instant writ petition seek setting aside of the newly introduced two years diploma of Dental Surgical Assistant as according to them the syllabus of DSA is duplicat ion of the earlier approved syllabus for diploma of Dental Technician, therefore, the same shall not be of fered as it would prejudice their rights.
5. Dental Technician and Dental Surgical Assistant are basically different- to each other . The job profile of a Dental Technician is to construct and repair dental devices such as denture, bridges, crowns and artificial teeth with job description to work in various dental laboratories like Prosthodontics Lab, Ceramics Lab and Orthodontics Lab. A dental technician is not allowed to treat a patient while the job profile of Dental Surgical Assistant is to assist in pre- surgical care and also provide assistance to a Dental Surgeon during the process of surgery , however , the Dental Surgical Assistant cannot examine, advice or treat a patient. The functions to be performed by Dental Surgical Assistant and Dental. Technician are totally distinct and there can be no comparison between the two, therefore, the worries that the diploma of DSA would affect the rights of the petitioners in the matter of employment are based on assumptions only .
6. So far as the legality of the introduction of new syllabus as claimed by the petitioners is concerned, the same has no force in it as under section 4(j), (n) and (v) of the Khyber Pakhtunkhwa Faculty of Paramedical and Allied Health Sciences Act, 2016, respondent No.3 is vested with the power to introduce new categories in the Health Technology .
7. Any person who has suffered a legal wrong or a legal injury or whose constitutional legal rights have been violated can approach High Court under Article 199 (1) (a) of the Constitution. The petitioners are neither aggrieved persons nor have any locus standi to file the instant writ petition as none of their rights guaranteed under the Constitution are offended rather the same is other way round. The august Supreme Court in a judgment reported in PLD 2007 SC 386 has held that it is sine qua non for invoking jurisdiction of High Court through constitutional petition that petitioner must be an aggrieved person and he must have locus standi for availing such jurisdiction.
8. For what has been discussed above, it is held that the instant writ petition has been filed without any reason and is based on mala fide. The prayer of restraining the respondents from introducing new categories in the health technology as per the powers vested in them under the ibid Act cannot be acceded to and is, therefore, dismissed straightaway .