Send the following on WhatsApp
Continue to ChatConst. P. 6554/2019 Ms. Urooj Fatima V/S PM DC and Ors Sindh High Court, Karachi SHC Citation: SHC-141487 Tag:(a) The repeal of the PMDC Ordinance, 2019 was by virtue of Article 89(2)(a)(ii) of the Constitution, i.e., by a resolution of the Senate disapproving the same and not by way of any repealing enactment. Therefore, the effect of repeal contained in sections 6, 6-A and section 24 of the General Clauses Act, 1897, which otherwise apply only when a repeal is by way of a repealing enactment, were neither triggered nor would those serve as an aid in construing the effect of repeal under a Constitutional provision such as Article 89. In other words, on the repeal of the PMDC Ordinance, 2019 by the effect of Article 89 of the Constitution, nothing contained in the General Clauses Act, 1897 would come to save the Amending Admission Regulations that had been made under the repealed Ordinance. In view of Pakistan Medical and Dental Council v. Muhammad Fahad Malik (supra), Article 264 of the Constitution also did not have the effect of saving or giving permanency to the Amended Admission Regulations when the effect of the PMDC Ordinance, 2019 was only temporary as it was never accorded approval by the Parliament. Therefore, on 29-08-2019, when the PMDC Ordinance, 2019 was repealed by the effect of Article 89 of the Constitution, the Amended Admission Regulations also stood repealed and the Original Admission Regulations were revived. (b) It will be seen that while the proviso to sub-section (2) of section 50 of the PMC Ordinance, 2019 repeals all previous Regulations, but that is subject to sub-section (7) which provides that the previous Regulations will continue to apply to the on-going admission process. The repeal of the PMDC Ordinance, 1962 by the PMC Ordinance, 2019, the former being a permanent statute under the 1973 Constitution, is not a repeal by virtue of Article 89 of the Constitution, but a repeal by a repealing statute, albeit a temporary one, and one which has been expressly made subject to section 6 of the General Clauses Act, 1897, which in turn provides that ???the repeal shall not revive anything not in force or existing at the time at which the repeal takes effect???. We have already discussed above that on 29-08-2019 the Amended Admission Regulations had ceased and the Original Admission Regulations had revived. Therefore, when sub-section (7) of section 50 of the PMC Ordinance, 2019 provides that the previous Regulations will continue to apply to the on-going admission process, those can only be the Original Admission Regulations. Bench: Hon'ble Mr. Justice Adnan Iqbal Chaudhry(Author), Hon'ble Mr. Justice Muhammad Shafi Siddiqui Source: http://shc.gov.pk/caselaw/ Order http://shc.gov.pk/caselaw/hc-link.php?link=202.61.43.34:8056/caselaw/&hash=MTQxNDg3Y2Ztcy1kYzgz