2021 PLP 546 (CLC)

SHAMS MEHMOOD MIRZA, J.

This writ petition calls into question order dated 19.01.2018 passed by Inter Board Committee of Chairman/respondent No.2 whereby the application filed by the petitioner for grant of equivalence certificate were rejected.

2. Facts of the case in brief are that the petitioner secured his MBBS degree from RAK Medical and Health Sciences University, United Arab Emirates. The petitioner applied to Pakistan Medical and Dental Counsel (PMDC) for appearing in the examination of National Examination Board for practicing medicine in Pakistan. The then PMDC refused to entertain the application and required the petitioner to obtain IBCC equivalence certificate from respondent No.2 for his High School Diploma. The petitioner accordingly applied to respondent No.2 for grant of equivalence certificate which application was rejected through the impugned order.

3. Learned counsel submits that the petitioner's High School Diploma is recognized by the Knowledge and Human Development Authority, which is the relevant department of United Arab Emirates. He also referred to Notification dated 31.05.2010 issued by the Inter Board Committee of Chairman.

4. Learned counsel appearing on behalf of respondent No.2 submits that the provisional equivalence certificate has already been issued to the petitioner on 08.10.2020 and that his educational testimonials have been referred to the concerned institutions for verification of his qualification and that his case for issuance of equivalence certificate will be processed after receipt of reply from the concerned authority.

5. It is apparent that the petitioner moved a fresh application before respondent No.2 which initiated the process for verification of the educational testimonials of the petitioner. The decision in this regard shall be taken by respondent No.2 in due course after receipt of reply from the concerned authorities. The fresh initiation of process by respondent No.2 has the effect of nullifying its earlier decision conveyed to the petitioner on 19.01.2018 (impugned herein) and the application of the petitioner for grant of equivalence certificate is thus deemed to be pending before respondent No.2.

6. The prayer made by the petitioner with regard to setting aside the decision of the then PMDC requiring the petitioner to produce the equivalence certificate cannot be granted as it is statutory requirement. Be that as it may, the process for verification of the educational testimonials of the petitioner has been set in motion and respondent No.2 on receipt of reply by the concerned authorities shall decide the application of the petitioner.

7. In this view of the matter, this writ petition is disposed of by directing respondent No.2 to conclude the process for determination on the petitioner's application for grant of equivalence certificate within a period of one month from the date of receipt of certified copy of this order. KMZ/M-22/L Order accordingly.