1994 PLP 1461 (MLD)

NASIR ASLAM ZAHID, CJ.

Applications for urgency filed in these petitions, if not already granted; are granted. In support of these four petitions, it is submitted by the learned counsel that, for the current Session 1992-93, the Government of Sindh has reduced number of seats for the medical colleges in Karachi by 101 and by 156 for the rest of the Province, and the orders of reduction of seats as against the seats for previous year was challenged in Constitutional Petitions Nos.1082 of 1993 and 1115 of 1993. It is informed by the learned counsel that a Division Bench comprising the Senior Puisne Judge and Mr. Justice Khursheed Haider Rizvi by judgment, dated 2-5-1993 have allowed these two petitions and directed the Government to admit the petitioners in those two petitions for the current Session 1992-93 and if required two fresh seats may be created for the purpose of accommodating those two petitioners. It is further informed by the learned counsel for the petitioners that after the said judgment, dated 2-5-1993, at least six other petitions namely, 1473 of 1993, 1126 of 1993, 1199 of 1993, 1203 of 1993, 1473 of 1993 and 1763 of 1993 raising identical questions have been admitted to regular hearing by this Court including the present Bench and in all the said six petitions, interim relief has been granted to the respective petitioners by way of allowing them to attend classes in the medical colleges. According to the learned counsel for the petitioners, a case for admission of these petitions is made out and also for grant of interim relief similar to that granted in the other six petitions. Syed Sarfraz Ahmad, learned Additional Advocate-General vehemently opposes the grant of interim relief stating that a review application has been filed in the said petitions Nos.1082 of 1993 and 1115 of 1993 for review of the judgment, dated 2-5-1993, but the said review application has not been heard so far. At present, both the learned Judges comprising the said Division Bench are abroad. According to learned Additional A: G. a very good case of review of the judgment has been made out and the Government has power to reduce. the seats specially for improving standard of education in the medical colleges and also for the reason that there is glut of doctors. It is informed that in Civil Hospital there are more doctors on record than number of beds available in the Civil Hospital. According to us, another view is possible and as such it is directed that these petitions which challenge the reduction of seats will be referred to a Full Bench and the office is directed to make a reference to the Chief Justice in this regard. The position, however, remains that six other petitions have already been admitted and the learned counsel for the petitioners are correct that at present judgment of this Court in C.P. No.1082 of 199.3 and 1115 of 1993 is in their favour and other petitions have been admitted to regular hearing and as such these petitions are also to be admitted. We agree with the learned counsel for the petitioners that a case for admission of these petitions is made out. These petitions are, therefore, admitted to regular hearing. Notice is waived by the learned Additional A.-G. on behalf of the respondents. As regards the interim relief, as interim relief has been granted to the other petitioners in the said six petitions, and there is no stay either in the review application or from the Supreme Court, we are inclined to grant interim relief to the petitioners in these petitions also. However, the respondents can file counter-affidavits and the stay application will come up for hearing in due course. Till further orders of this Court, the petitioners in these petitions are allowed to attend classes of First Year, M.B.,B.S. in the respective medical colleges for 1992-93 session. AA./M-1945/K Order accordingly.