1999SCMR2110 (PLP)

SH. RIAZ AHMED, J.--Seena International Medical College through its Director seeks leave to appeal against the judgment and order dated 29-9-1998 delivered by a Division Bench of the Peshawar High Court whereby the writ petition filed by the petitioner against the orders of the Government of N.-W. F. P, for closing this medical college was dismissed.

2. The facts giving rise to the institution of this petition are that the petitioner claims to be a medical college in private sector affiliated with Tbilisi State Medical University, Georgia, U.S.A. where 216 students were admitted. On 27-8-1998, the respondents Nos. 1 and 2 sealed the gates of the college as well as hostel of the Girls College was closed. Aggrieved by the said order, Seena International Medical College through its Director impugned the action of the respondents through a writ petition, which was dismissed vide order impugned.

3. It was contended before us that the college was affiliated with the aforesaid Georgia University and was functioning since 1996 and some of the students were now studying in second year of M.B.,B.S. It was further urged that the college had been set up in view of the policy of the Government to encourage education in the private sector. On behalf of the respondents, it was argued that the college had not been recognized by the Pakistan Medical & Dental Council nor was it affiliated with the university concerned and it had not been registered by the University Grants Commission and, thus, notice was issued by the Health Department, Government of N.-W.F.P.. on 10-12-1997 for closing the college forthwith, but the said order was not complied with and therefore on 4-3-1998 an inspection team was constituted by the Health Department for the appraisal of the unregistered unrecognized college. The report of the inspection team revealed that the college was substandard and it was started without approval of the competent authority for the dispensation of medical education. Reliance was also placed upon paras. 2.1, 2.2 and 3.1 of the guidelines for the establishment of institution for higher education in the private sector issued by the University Grants Commission. It was also argued that sections 3 and 8 of the West Pakistan Registration of Unrecognized Educational Institutions Ordinance XI of 1962 had also been violated. The said Ordinance provided that no unrecognized private institution shall be established or run unless it is registered in accordance with the provisions of the Ordinance and the contravention thereof was punishable under sections 8, 11, 12, 14 and 15 of the Medical Council Ordinance, 1962.

4. Before proceeding further, it will be worthwhile to reproduce paras. 2.1, 2.2, 2.2.1 and 3.1, of the aforesaid guidelines, which read as under: "2.1. The establishment of a university is a multi-step process. It involves fulfilling the legal formalities as well as making available the required physical, human and financial resources. The next step is to meet the academic and other requirements and submission of feasibility report to the J.G.C. Subsequent to the clearance of feasibility stage, the next stage is the physical inspection of the facilities and infrastructure by the U.G.C. Subject to satisfactory clearance of inspection, the institution concerned shall submit the case to the Ministry of Education if it is desired to have an Act of Parliament for its governance. The case will be submitted to the Provincial Education Department if an Act of the Provincial Assembly is needed. 2.2. Completion of legal formalities 2.2 l The first step in connection with the establishment of an institute of higher education is the fulfilment of legal formalities and registration by the sponsoring body under the relevant laws of the Companies Ordinance/Societies Registration Act/Trust Act as a Foundation/Society or a Trust. 3.1 Institutions normally apply to Provincial Government where they are based. Each Provincial Government has a separate set of criteria for evaluation, but essentially the guidelines are those which have been provided to them by the U.G.C. A Provincial Assembly grants the charter to the institution concerned. In such cases, the U.G.C. is usually consulted by the Provincial Governments, for this purpose, the clearance by the U.G.C. shall help in facilitating the grant of charter. " The perusal of the above guidelines shows that it is exhaustive and contains an elaborate procedure and criteria for the establishment of the University or an institution for higher education in the private sector. Judged on this criteria, it is evident that the petitioner had not observed the prescribed procedure and therefore it had not been registered as a legal entity with the federal /Provincial Governments nor it had been recognized by the University Grants Commission or the P.M.P:C. Furthermore, it had not been affiliated-with the University of Peshawar. In this behalf, reference to section 3 of the Registration of Unrecognized Institutions Ordinance is also relevant. Under the said Ordinance, it is clearly provided that no unrecognized private educational institution shall be established or run unless it is registered in accordance with the Ordinance and the contravention thereof was punishable with imprisonment, which may extend to one year or with fine or with both. Similarly, under the provisions of P.M.D.C. Ordinance, 1982, no person in Pakistan can ever grant or issue decree, diploma, licence, certificate or other document stating or implying that the holder grantee or recipient is qualified to practise scientific medical and dental system except by a University established in Pakistan by an Act of the Federal or Provincial Legislature or by the College of Physicians and Surgeons of Pakistan. It will be advantageous to reproduce the relevant provisions of the said Ordinance, which read as under: Right to confer degrees, etc.--The right to conferring, granting or issuing in Pakistan degrees, diplomas. licences, certificates, or other documents stating or implying that the holder, grantee or recipient thereof is qualified to practise scientific medical and dental system shall be exercisable only by the authorities specified in the Schedule and by such other authority as the Federal Government or a Provincial Government may, by notification in the official gazette, and subject to such conditions as it thinks fit to impose, authorize in this behalf.

4. Prohibition of unauthorized ferment of degrees, etc.--Save as provided by section 3, no person to Pakistan shall confer, grant or issue any degree, diploma, licence, certificate or other document stating or implying that the holder, grantee or recipient is qualified to practise scientific medical and dental system." The cumulative effect of these provisions is that right of conferring, granting or issuing degrees, diplomas, licences, or certificates to the holder or recipient to practise scientific medical and dental system rests with a University established in Pakistan under the law.

5. A reference to section- 11 of the P.M.D.C. Ordinance will not be out of place and the same provides that the medical qualifications granted by the medical institutions in Pakistan as mentioned in the First Schedule shall be recognized and any medical institution in Pakistan, which grants medical qualifications not included in the First Schedule, may apply to the Federal Government for the recognition of such qualifications. Unfortunately, the petitioner is not included in the First Schedule nor they have been notified to be included in the' First Schedule and thus their degrees and diplomas cannot be recognized in Pakistan.

6. Having failed to comply with these provisions of law, the petitioner has rendered itself liable to penal action under section 8 of the Ordinance and also under sections 5 and 6 of Ordinance XXVI of 1982. The petitioner having not been included in the First Schedule to the Ordinance of 1962 cannot grant any degree because the same is not recognized by the council.

7. It was vehemently contended that the petitioner was affiliated with the Tblisi State Medical University, Georgia. No proof worth the name has been brought on the record. Even otherwise, the said affiliation, if any, is of no 'consequence because the registration, recognition and affiliation have been 'prescribed and are to be regulated by law of the land and the same has not been 'complied with, therefore, the recognition is devoid of any legal force. In fact, as held by the learned Judges of the High Court, we also subscribe to the view that the college was substandard and lacked required facilities and was being run on commercial basis only with a view to earning money instead of imparting education in the real sense. The inspection report of the college goes a long way to show that it was substandard. The college consists of three class rooms, a' small room for laboratory and a small room for library and a retiring room for the teaching staff and it was being run in a rented house. A teaching hospital of 8 beds was established by the petitioner and when visited by the team, there was no patient in the hospital. It had a small outdoor section where two Afghan M.D. doctors were working and the total number of patients was about 8 to

12. The college also lacked teaching facilities and only few M.B.,B.S. doctors who had obtained degrees from Pakistan, had been employed as teaching, staff. The following observation of the inspection team reflects the true picture: "Both the colleges inspected by the committee are being run in a rented building and do not fulfil the requirements of medical college in any case. The former college is being run purely on commercial basis with very GHb facility of teaching basis similarly only no facilities for clinic education are available in any of the two colleges. There are also complaints against the Principal of SEENA Medical College. This College is a mockery to medical education. Hence needs to be closed."

8. For the foregoing reasons, we do not find any merit in this petition and the same is hereby dismissed. H.B.T./S-129/S Petition dismissed