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2001 YLR 354(2)

MUSA MEDICAL STORE, PROPRIETOR MUHAMMAD ISMAIL SHAH vs PROVINCE

Citation2001 YLR 354(2)
CourtLahore High Court
Case No.Writ Petition No,1496 of 2001
Date2001-07-05
Judge(s)Ali Nawaz Chohan
ResultOrder accordingly

ORDER

' The petitioner Muhammad Ismail Shah claims himself to be a qualified Rural Health Inspector duly certified. Besides, he has also attained training in other fields of medicine and had also been successful in the Final Term Examination for Rural Health Inspectors held in 1967. He had been working as a Medical Technician for 30 years with the Zila Council, Attock, from where he has retired in Basic Pay Scale No,16.

2. After his retirement, he established a Medical Store called as Musa Medical Store, Chhoi Road, Attock City, and invested the whole amount in the store.

3. The petitioner submitted an application to the District Health Officer, Attock for issuance of a Drug Sale Licence and also submitted the prescribed fee for this purpose. The licence was refused to him on the ground that he was not a fit person to be given a Drug Sale Licence under the Punjab Drugs Rules of 1948 of Pharmacy Act, 1967. Whereas, according to him, Medical Technicians and Rural Health Inspector had previously been given licences. That this refusal has resulted in delay in the establishment of the Medical Store which the petitioner intended to establish as per the need of the area. That at the time of refusal, he was not heard and no explanation has been offered with respect to his incompetency. That this way, his valuable right has been fringed and he has been shown discrimination.

4. A copy of the writ petition be immediately sent to the Director Health Services, Rawalpindi Division, Rawalpindi, who should hear the petitioner personally and record his statement with respect to his competency and after enquiring from the District Health Officer, Attock, as to how many Rural Health Inspectors have already been granted licences, consider the application of the petitioner and pass a speaking order giving details and reasons while disposing of his application in accordance with law.

5. This writ petition is, therefore, disposed of after such afore-mentioned directions. The Director Health Services, Rawalpindi Division, Rawalpindi shall dispose of this matter with convenient dispatch or within a period of three weeks from the receipt of the orders of this Court and copy of the writ petition. The petitioner may also appear before him carrying with himself the orders of this Court as well as copy of the writ petition.

6. The Director Health Services shall not submit a compliance report to this Court while also attaching, a copy of the decision given by him in this matter ensuring that it reaches this Court through the Deputy Registrar (Judicial) of this Court by the 10th of August, 2001.

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