2026 PLP 586 (MLD)

Admission in medical college

MDCAT

Subsequent change in eligibility criteria, challenge to

Exclusion from final merit list, grievance of

Candidates with higher marks ignored

Constitutional touchstone

Scope

Briefly, petitioners appeared in MDCAT under admission process for MBBS/BDS (Session 2022-23) and were shown successful in the tentative list, but after an abrupt change in eligibility criteria their names were excluded from the final merit list, resulting in denial of admission

Held: The decision taken by the executive committee seemed to be arbitrary and discriminatory

Medical education was a crucial part of a nation s healthcare system and ensuring equal access to quality medical education was essential for addressing healthcare disparities and providing healthcare professionals in underserved regions

Secondly, province of Balochistan already faced significant healthcare challenges, including limited access to medical facilities and higher rates of diseases and the shortage of healthcare professional exacerbated these disparities and hindered effort to improve healthcare outcomes

Instead of honoring the request of the Provincial Cabinet of Balochistan and granting provisional admission to the affected students at Makran medical college, delayed the decision which amounted depriving the students of Balochistan from getting medical education

The said colleges had already been recognized and a number of students were getting their education in the said institutions that too without any complaint and the petitioners would face difficulties after 2/3 years and meanwhile there was sufficient time to address these deficiencies by the provincial government and college administration

Even otherwise, the deficiencies pointed out by the inspection team were of trivial nature and could be rectified within a couple of days as promised by the Vice Chancellor and Secretary Health

Respondents were directed to grant provisional admissions to the affected students mentioned therein

Constitutional petition was allowed, in circumstances. Bibi Humaira, in person for Applicant. Sultan Khalid assisted by Shabbir Ahmed Lehri, Vice Chancellor, BUMHS for Applicant. Dr. Afzal Khaliq Baloch, Principal Mekran Medical College. Judgment Muhammad Hashim Khan Kakar, J.

The instant constitutional petition filed under Article 199 of the Constitution of Islamic Republic of Pakistan, 1973 ("the Constitution"), carries the following prayer clause: "a) To declare that the act of the respondents by excluding the names of the petitioners for grant of admission in MBBS/ BDS for the Session 2022-2023, from the impugned final merit list dated 03rd February, 2023 is contrary to law and facts, thus be deprecated strongly. b) To further declare that considering other candidates for grant of admission who scored less marks than the petitioner, and ignoring the petitioner for grant of admission within the impugned final merit list dated 03.02.2023, is discrimination with the petitioners, thus is contrary to law, constitution and transparency/fairness. c) To set aside the impugned final merit list dated 03rd February, 2023. d) To direct the respondents to review/ revise to final merit list as per prospectus and, tentative list with all fairness, in accordance with law. e) Any other relief deems fit by this Hon'ble Court, in the interest of equity, fairplay and justice."

2. Relevant facts for disposal of the instant petition appear that the petitioners, in pursuance of publication made by the Pakistan Medical Commission (PMC) appeared in the entry test of MDCAT Test, and as per tentative list were declared successful, however, due to abrupt change in the eligibility criteria, the petitioners and 14 other students were deprived from admission in different medical colleges, hence, the instant petition.

3. We have heard learned counsel for the parties and also perused the available record, which shows that due to abrupt change in eligibility criteria formulated by the then PMDC, thirty three (33) students were deprived from their admission in different medical colleges and notice of the same was taken by the then worthy Chief Minister, Balochistan. In this regard a request for enhancement in MBBS seat allocation in Loralai Medical College, Jhalawan Medical College, Khuzdar and Mekran Medical College at Turbat was also made on behalf of the Provincial Cabinet, vide letter dated 16th June, 2023, which speaks as under: "I am writing these lines in continuation of Health Department, Government of Balochistan's letter No. D.O.NO.PC(H)/PMC/2023/1719, dated 24th March, 2023 and D.O. No.PCH/PMC/3153. dated 31 May 2023 addressed to Registrar PMDC regarding grant of approval for enhancement of 33 seats (11 each) in Loralai Medical College, Jhalawan Medical College and Mekran Medical College for academic session 2022-23 as per decision of the Provincial Cabinet. I would appreciate, if Pakistan Medical and Dental Council may grant approval of additional 33 seats for LMC, JMC and MMC for the academic year 2022-23, duly recommended by the Cabinet."

4. Perusal of the record further reveals that in response to the request of the worthy Chief Minister, Balochistan, the meeting of the full body of Pakistan Medical and Dental Council (PMDC) was held on 4th June, 2023 and it was observed that the Council considered the matter in detail and it was noted that Loralai Medical College, Jhalawan Medical College and Mekran Medical College have 50 seats each, which are already filled. The Acting Registrar informed the Council that previously the PMC enhanced the number of seats at Bolan Medical College on the request received from the Secretary, Health Department Government of Balochistan without inspection. The said decision of the Council was communicated to the Secretary, Health Government of Balochistan on 28.12.2022. It was emphasized in the said letter that the seat enhancement was granted as a provisional measure and for the session 2022-23 only and future enhancement shall be subject to mandatory inspection of the College by the Council.

5. When the worthy Vice Chancellor, BUMHS and the Secretary, Health were confronted with the observations mentioned hereinabove, they frankly stated that though the second inspection for 100 seats is not admissible under the prevailing rules and regulations, however, keeping in view the hardships faced by 33 students, who have been deprived from their fundamental right of education, consented that necessary directions may be issued to the representative of PMDC to inspect Mekran Medical College, Turbat. They also frankly stated that every possible effort will be made by the Provincial Government to enhance the capacity of Jhalawan, Khuzdar and Loralai Medical Colleges. However, they stated that Mekran Medical College, Turbat is one of the best colleges throughout the countryy and on account of its faculty, infrastructure and equipment, fulfills the criteria, prescribed by the PMDC.

6. The Worthy Vice Chancellor, BUMHS and the Secretary, Health Government of Balochistan suggested that keeping in view the peculiar circumstances, it would be appropriate to accommodate the said 33 students at Mekran Medical College, Turbat and meanwhile, every possible effort shall be made to enhance the capacity of Jhalawan and Loralai Medical Colleges.

7. Professor Dr. Tehmina Asad, Member Executive Council, PMDC stated that in order to save educational year of the above mentioned 33 students, the authorities of PMDC will ensure the required inspection of Mekran Medical College, Turbat prior to 20th August, 2023. In this regard, the Secretary, Health Government of Balochistan was directed to facilitate the inspection team of PMDC.

8. In pursuance of the decision taken by the Executive Committee as well as directions issued by this Court, inspection of Mekran Medical College was carried out and report was placed before the executive committee and the following decision was taken: "It is to informed that in compliance of the orders of the Honorable Balochistan High Court, inspect of your institute was convened on 21st August, 2023 to see the facilities available for 100 MBBS students per annum. The inspection report was placed before the Executive Committee in its meeting held 11th September, 2023 wherein Executive Committee decided to give one month period to improve its scores in the following departments as mentioned below: i. Biomedical Tour ii. Clinical + Basic Faculty Requirement iii. Hospital Facilities and Safety Tour iv. Hospital Clinical Tour The Executive Committee further decided that once the college rectifies the deficiencies and improve its score, the Principal may inform the PM&DC about rectified deficiencies along with supporting documents, on receipt of which the matter shall again be placed before the Executive Committee for consideration. Therefore, in view of the above, copy of the complete inspection report is being forwarded to you for rectification of deficiencies in compliance to the decision of Executive Committee."

9. It is by now settled that policy making is the domain of the executive and the Courts normally do not interfere in such matters, but when a policy is violative of the fundamental rights of individuals outcome of arbitrary exercise of power, mala fides, patently illegal or manifestly unreasonable, the Courts are obliged to examine such policy in judicial review.

10. While considering the case in hand on the touch stone of above principle of law, we are of the considered view that the decision taken by the executive committee of PM&DC is apparently seems to be arbitrary and discriminately for a number of reasons: Firstly, medical education is a crucial part of a nation's healthcare system. Ensuring equal access to quality medical education is essential for addressing healthcare disparities and providing healtheare professionals in underserved regions. It is astonishing to observe that under the provisions of "Initial Recognition Framework (Criteria) for Medical and Dental Schools in Pakistan-2019" a medical colleges are typically established with around 100 students slots, however in Balochistan, the Loralai, Jhalawan and Mekran Medical Colleges have been established with 50 students slots each. This glaring difference raises concerns about equitable access to medical education and future healthcare services in the region. The allocation of fewer student slots in Balochistan's medical colleges limits the number of medical graduates form the service, which can lead to a shortage of healthcare professionals; Secondly, Balochistan already faces significant healthcare challenges, including limited access to medical facilities and higher rates of diseases. The shortage of healthcare professional exacerbates these disparities and hinders effort to improve healthcare outcomes. The divisional headquarter hospitals are running without gynecologists, as such, in such circumstances the PM&DC being responsible for regulating medical education in Pakistan should considered the genuine demand of provincial government; Thirdly, instead of honoring the request of the Provincial Cabinet of Balochistan and granting provisional admission to the 33 affected students at Mekran medical college, delayed the decision which amounts depriving the students of Balochistan from getting medical education; Fourthly, the said colleges have already been recognized and a number of students are getting their education in the said institutions that too without any complaint and the petitioners will face the difficulties after 2/3 years and meanwhile there is sufficient time to address these deficiencies by the provincial government and college administration, and Fifthly, even otherwise, the deficiencies pointed out by the inspection team PM&DC are of trivial nature and can be rectified within a couple of days as promised by the Worthy Vice Chancellor and Secretary Health, Government of Balochistan.

11. Generally, when a student is declared successful in a tentative merit list for admission to a medical college, it indicates that he/she meets the initial criteria for admission based on the policies in place at that time. Whether or not student can be deprived of admission due to change in admission policy typically depends on the specific circumstances, the nature of policy change, the regulations and guidelines set forth by the relevant authorities. Ordinary, in some cases, institutions make every possible effort to accommodate students who were previously deemed successful in order to minimize the impact of policy changes on their educational plans. It is relevant to state that ordinary modern institution have a "grandfather clause" or a transitional provision that allows students who were admitted under previous policies to continue their education without being affected by the new rules. This is done to ensure that students who were accepted in good faith are not unfairly impacted by subsequent changes. These are the reasons of our short order dated 20.09.2023, whereby petition was allowed and the respondents were directed to grant provisional admissions to the affected students mentioned therein. UN/15/Bal. Petition allowed.