IN THE SUPREME COURT OF PAKISTAN 
  
 
(Appellate Jurisdiction) 
 
 
 
PRESENT: 
 
 
MR. JUSTICE ANWAR ZAHEER JAMALI, CJ 
 
 
MR. JUSTICE AMIR HANI MUSLIM 
 
 
MR. JUSTICE SH. AZMAT SAEED 
 
CIVIL APPEALS NO.1525 TO 1528 OF 2016 
(On appeal from judgment dated 11.11.2015, passed by 
the Peshawar High Court, Peshawar, in W.Ps. No.2926-P, 
3000-P, 2926-P and 3000-P/2012, respectively) 
 
CA.1525/2016 
 Dr. Farhat Abbas Vs. Dr. Mehmood-
ul-Hassan and others 
 
  
CA.1526/2016 
 Dr. Farhat Abbas Vs. Dr. Hikmat 
Ullah Jan and others 
 
  
CA.1527/2016 
 Chief 
Executive, 
Lady 
Reading 
Hospital, Peshawar and another Vs. 
Dr. Mehmood-ul-Hassan and others 
 
  
CA.1528/2016 
 Chief 
Executive, 
Lady 
Reading 
Hospital, Peshawar and another Vs. 
Dr. Hikmat Ullah Jan and others 
 
For the Appellants  
: Mr. Abdul Latif Afridi, ASC 
Mr. Khalid Anwar Afridi, ASC 
(in CAs.1525 and 1526/2016) 
 
Mr. Shakeel Ahmed, ASC 
Mr. M. Amjad Khan, AOR (absent) 
(in CAs.1527 and 1528/2016) 
 
  
For Respondent No.1 : Mr. Ghulam Nabi Khan, ASC 
(in CAs.1525 and 1526/2016) 
 
Nemo 
(in CAs.1527 and 1528/2016) 
 
  
Date of Hearing 
: 24.10.2016 
  
 
JUDGMENT  
 
  
 
SH. AZMAT SAEED, J.- Through this 
judgment, it is proposed to adjudicate upon Civil 
CA No.1525-2016 etc 
 
2 
Appeals Nos.1525 to 1528 of 2016, which are 
directed against a consolidated judgment dated 
11.11.2015 of the learned Peshawar High Court, 
Peshawar.  
2. 
 
The brief facts necessary for adjudication of 
the lis at hand are that vide Office Order dated 
26.9.2012, Dr. Farhat Abbas (Appellant in Civil 
Appeals Nos.1525 and 1526 of 2016) was promoted 
as Associate Professor of Cardiology (BPS-19). The 
private Respondent namely,  Dr. Mehmood-ul-Hassan  
challenged the same before the learned Peshawar 
High Court, Peshawar through Writ Petition No.2926-
P of 2012, while the private Respondent namely Dr. 
Hikmat Ullah Jan also challenged the said Office 
Order through Writ Petition No.3000-P of 2012. In 
the aforesaid Constitutional Petitions besides calling 
into question the aforesaid Office Order dated 
26.9.2012, the vires of the Regulations for the 
Appointment 
of 
Faculty 
Professorial 
Staff/ 
Examiners/Principals/Deans/Administrative Staff in 
Undergraduate & Postgraduate Medical & Dental 
Institutions of Pakistan, 2011, hereinafter referred to 
as “the Regulations of 2011”, were also challenged. 
Both the Constitutional Petitions were heard together 
CA No.1525-2016 etc 
 
3 
and 
allowed 
vide 
impugned 
Judgment 
dated 
11.11.2015, 
whereby 
the 
office 
Order 
dated 
26.9.2012 promoting the Appellant Dr. Farhat Abbas 
as Associate Professor of Cardiology (BPS-19) was set 
aside and a direction was issued for reconsideration 
of the appointment of an Associate Professor of 
Cardiology from among the candidates having the 
basic qualification and experience in the relevant 
speciality i.e. Cardiology.  
3. 
 
Appellant Dr. Farhat Abbas challenged the 
impugned Judgment through Civil Petitions Nos.3548 
& 3649/2015, while the Chief Executive, Lady 
Reading 
Hospital, 
Peshawar 
and 
Dean 
PGMI, 
Peshawar, who had been impleaded as Respondents 
before the learned High Court challenged the 
impugned Judgment before this Court through Civil 
Petitions Nos.52-P & 53-P of 2016. All the aforesaid 
Civil Petitions were heard together and leave was 
granted by this Court vide Order dated 26.5.2016. 
Hence, these Civil Appeals.  
4. 
 
We have heard the learned counsel for the 
parties and have perused the available record.  
5. 
 
Appellant 
Dr. 
Farhat Abbas 
had the 
qualification of FCPS in Medicine, while the private 
CA No.1525-2016 etc 
 
4 
Respondents/Writ Petitioners namely, Dr. Mehmood-
ul-Hassan and Dr Hikmat Ullah Jan qualified FCPS 
in Cardiology. All the aforesaid Doctors were serving 
as Assistant Professors. However, Dr. Farhat Abbas 
had been appointed earlier as an Assistant Professor. 
In pith and substance, it was the case of the Writ 
Petitioners/private Respondents that under the law 
only, the Assistant Professor, inter alia, having FCPS 
in 
Cardiology 
could 
be 
considered 
for 
the 
appointment as an Associate Professor  of Cardiology, 
which qualification was not possessed by Appellant 
Dr. Farhat Abbas. It was also the case of the private 
Respondents that Regulation 19 of the Regulations 
2011 scribing to the contrary was illegal and invalid.  
6. 
 
It is a common ground between the parties 
that the qualification for appointment of teaching 
staff in Medical Institutions is governed by the 
Regulations framed by the PMDC. The current 
Regulations, invoked and applicable to the facts of 
this matter, are the Regulations of 2011, referred to 
above. With regard to the additional qualification and 
experience relevant for appointment as an Associate 
Professor of Cardiology is prescribed as follows:- 
CA No.1525-2016 etc 
 
5 
“Required 
postgraduate 
(additional) 
qualification. 
 
PM&DC level III qualification in respective 
subject or general FCPS / M.S/M.D OR 
other equivalent level III qualification in 
the speciality approved by SRC and 
recognized / registered by PM&DC. 
 
Required experience. 
 
Five years teaching experience as an 
Assistant 
Professor 
in 
the 
relevant 
subject” 
 
7. 
 
Furthermore, the said Regulations of 2011 
are also contained Regulation 19, which reads as 
follows:- 
Regulation-19 
 
“Eligibility for appointment in the sub-
specialities like cardiology, Psychiatry, 
Cardiac Surgery, Orthopedic Surgery etc 
shall be as per a level III qualification in 
the sub-specialities. However, a candidate 
who possess postgraduate qualifications 
like FCPS, MD, MS in General Medicine or 
General Surgery etc is also eligible for 
appointment as Assistant Professor in the 
sub-specialities if he has at least three 
years teaching experience in a recognized 
institute in the relevant sub-speciality and 
then shall be promoted in the same sub-
specialities as Associate Professor and 
Professor with the requisite teaching 
experience 
as 
prescribed 
in 
these 
Regulations 
under 
the 
respective 
speciality. However for appointment as 
senior registrar in the sub-speciality, there 
shall be no prerequisite of experience in 
that sub-speciality only if the candidate 
already holds and qualifies for a position 
of senior registrar in General Medicine or 
General surgery as the case may be. Once 
a holder of qualifications like FCPS MD, 
MS in General Medicine or General 
Surgery etc; attains the post of Assistant 
Professor in a sub-speciality than there 
shall be no preference given to specific 
sub-speciality 
degree 
holder 
for 
subsequent posts.” 
 
CA No.1525-2016 etc 
 
6 
8. 
 
An 
accumulative 
reading 
of 
the 
two 
provisions in juxtaposition leaves no manner of doubt 
that the academic qualification, include the Level III 
qualification in the sub-specialities or General FCPS. 
Furthermore, Regulation 19 clearly provides that if a 
candidate is qualified for the position of Senior 
Registrar in General Medicine or General Surgery etc 
and  is a holder of FCPS, MD, MS  in General 
Medicine or General Surgery etc and attains the post  
of Assistant Professor in a sub-speciality then no 
preference will be given to a person, who is holding 
the FCPS in the requisite field, for the purpose of the 
appointment to further post including that of 
Associate Professor. It is a common ground between 
the parties that Appellant Dr. Farhat Abbas in terms 
of Regulation 19, reproduced hereinabove, holds the 
requisite qualification, as an Assistant Professor of 
Cardiology with the requisite experience, hence was 
entitled to be considered for the appointment and 
was 
appointed 
as 
an 
Associate 
Professor 
of 
Cardiology. It is also a matter on record that 
Appellant Dr. Farhat Abbas is senior to the private 
Respondents namely, Dr. Mehmood-ul-Hassan and 
Dr. Hikmat Ullah Jan.  
CA No.1525-2016 etc 
 
7 
9. 
 
It is perhaps in view of the clear and 
obvious interpretation of Regulations, 2011 that   the 
private 
Respondents 
challenged 
the 
vires 
of 
Regulation 19 of Regulations, 2011, which have been 
framed in exercise of the powers conferred under 
Section 33(2) of the Pakistan Medical & Dental 
Council Ordinance, 1962. The learned counsel for the 
private Respondents at the bar could not identify how 
the said Regulations, 2011 particularly, Rule 19 is 
ultra vires to the PM&DC Ordinance, 1962. In fact, it 
has not been so held by way of the impugned 
Judgment nor the Regulation 19 has been struck 
down. Furthermore, none of the grounds available in 
law for striking down the said subordinate legislation 
were pleaded or established on record either before 
the learned High Court or before this Court. In this 
view of the matter, we are not persuaded to hold that 
the Regulation 19 of the Regulations of 2011 is ultra 
vires or invalid.  
10.  
As a consequence whereof, in view of the 
clear and obvious import of the Regulations of 2011 
more particularly Regulation 19, Dr. Farhat Abbas 
was duly qualified to be promoted as an Associate 
Professor of Cardiology and the Office Order of his 
CA No.1525-2016 etc 
 
8 
appointment as an Associate Professor of Cardiology 
was valid in law and could not be set aside by the 
learned High Court.  
11.  
Consequently, in the above circumstances, 
these Civil Appeals are liable to be allowed and the 
impugned judgment dated 11.11.2015 is also liable 
to be set aside and the Writ Petitions Nos.2926-P of 
2012 and 3000-P of 2012 filed by the private 
Respondents merit dismissal.  
12.  
The aforesaid are the reasons of our short 
order of even date, which are reproduced herein 
below:- 
“We have heard arguments of learned 
ASCs for the parties and perused the case 
record. For the reasons to be recorded 
separately, these appeals are allowed. The 
impugned judgment is set aside and Writ 
Petitions, filed by Respondent No.1 in 
these cases, before the Peshawar High 
Court are dismissed.” 
 
 
 
 
 
Chief Justice 
 
 
 
 
 
 
 
 
      Judge 
 
 
 
Islamabad, the 
 
   
 
 
      Judge 
24th October, 2016 
‘APPROVED FOR REPORTING’ 
Safdar/*