Admission in medical college

2026 MLD 586 QUETTA-HIGH-COURT-BALOCHISTAN Judicial Precedent

Admission in medical collegeMDCATSubsequent change in eligibility criteria, challenge toExclusion from final merit list, grievance ofCandidates with higher marks ignoredConstitutional touchstoneScope

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.

2023 MLD 1859 LAHORE-HIGH-COURT-LAHORE Judicial Precedent

Regln. 19-DConstitution of Pakistan, Art. 199Constitutional petitionAdmission in medical collegeVacant seatsChange of programPermissibility

Petitioner did not qualify on merit to get admission in MBBS Program and intended to switch her admission in BDS program

Validity

Option of getting admission under Regln. 19-D of Admission Regulations (Amended), 2020-2021, was for to those students only, who had applied in other colleges but could not get admission in college of their choice in the program, thus, were allowed to be admitted in any other college on merit in the program in which they had applied

Students were not entitled under Regln. 19-D of Admission Regulations (Amended), 2020-2021, to get admission in the program other than the one they had applied for

By creating suchlike exception, as sought by petitioner, and thereby overriding settled policy which was within the knowledge of petitioner, the entire process of admission would be disrupted and merit list which had since been finalized would be thrown into disarray for which there was no lawful justification

High Court while exercising jurisdiction under Art. 199 of the Constitution declined to interfere in transparent policy decisions of executive, aimed at achieving best possible result in managing its affairs as High Court had very limited jurisdiction for examining such criteria

Petitioner failed to point out any illegality or legal infirmity in the orders passed by authorities

Constitutional petition was dismissed, in circumstances.

2022 MLD 1922 LAHORE-HIGH-COURT-LAHORE Judicial Precedent

Arts.25 & 37(c)Educational InstitutionAdmission in medical collegeImproved marksDiscriminationPrinciples of policyAccess to technical and professional education

Petitioners were aggrieved of not including their improved marks, obtained in Special Examination, while preparing final merit for admission in MBBS/BDS by authorities

Contention of petitioners was that improved marks of candidates in the category of 'delayed result candidates' was accepted by authorities but that of petitioners obtained under 'Special Examination' were not included in their lists

Validity

After declaration of original result for HSSC and A-level examination, all students had a right to attempt for improvement of marks in respective Special Examinations

Petitioners and other candidates appeared accordingly in examinations and their results were declared on same dates

Separate Class was created within similarly placed person, by introducing technical condition in computer system

Technicality introduced in computer system was though a policy matter but it offended fundamental right of 27 candidates under Art. 37(c) read with Art.25 of the Constitution by creating a class within a class

Petitioners already applied for substitution of their improved marks before cut-off date which request was declined through written orders or by not entertaining their applications

By rejecting request for substitution of marks, authorities were ousting petitioners for a technicality, from being considered on merit, which was violation of fundamental right under Art.25 read with Art.37(c) of the Constitution

High Court directed the Vice Chancellor of University Health Sciences to ensure that improved marks of petitioners and others were included in their respective applications for admission by substituting original marks till cut-off date, while preparing merit list for admissions for MBBS/BDS in question

Constitutional petition was allowed, in circumstances.

2022 PLD 25 HIGH-COURT-AZAD-KASHMIR Judicial Precedent

Art. 44Writ petitionAdmission in medical collegeMaintain-abilityAlternate remedy, availability ofEffectPetitioner applied for admission in medical college on seat reserved for disabled candidatesPetitioner was denied the admission to the seatPetitioner filed an appeal against the decision before the Secretary HealthValidity

Petitioner had already approached the appellate forum by preferring an appeal on almost same grounds agitated before the High Court

After institution of an appeal before an appellate forum petitioner's simultaneous approach to switch over from there by filing the writ petition for adjudication of technical matter was not tenable in toto

Only relief beseeched by the petitioner which seemed to be maintainable was the direction to the Secretary Health regarding deciding her appeal in accordance with the scheme of policy notification and principles of law

Writ petition was disposed of accordingly.

2021 MLD 1455 LAHORE-HIGH-COURT-LAHORE Judicial Precedent

Ss.18 & 19Admissions Regulations (Amended), 2020-2021, Rglns.4, 13 & 14Constitution of Pakistan, Art. 25Educational institutionAdmission in Medical CollegeDiscriminationMedical and Dental College Admission Test (MDCAT) examination, condition ofAppellant was a private teaching hospital who assailed conditions imposed on getting admission of studentsValidity

Requirement of MDCAT formed condition precedent for enrolment for year, 2021-notwithstanding initiation of process of admission in last quarter of year 2020

Regulations framed regarding requirement of MDCAT, as mandatory condition for admission, manifested no illegality or transgression

When factum of availability of admission criteria in colleges specified in Regulation 13 of Admissions Regulations (Amended), 2020-2021, was available to the exclusion of other private medical and dental colleges, there was no discretionary treatment with appellant

Division Bench of High Court declined to interfere in findings recorded by Single Judge of High Court with reference to scope of settlement and effect thereof were accordingly modified

Intra Court Appeal was dismissed accordingly.

2020 MLD 1484 LAHORE-HIGH-COURT-LAHORE Judicial Precedent

Admission in medical collegeScope

Petitioner sought admission in the Medical College on the ground that the proforma respondent was selected on open merit, therefore, after his adjustment she deserved to be admitted on the basis of Under Developed District Quota

Validity

Emphasis of the policy of giving admission to the students from Under Developed District Quota was that such students should be encouraged to become doctors or dentists

Admission policy gave the students two options; either to compete in open merit or in the Under Developed District Quota in the area where they lived, but if there was choice before a candidate to get admission in open merit or Under Developed District Quota in the same college, he must be adjusted against the open merit so that the under developed area should not be deprived of one seat

Petitioner had a right to be admitted in the Medical College

Constitutional petition was allowed.

2019 CLC 1761 LAHORE-HIGH-COURT-LAHORE Judicial Precedent

Rglns. 3, 9, 10 & 12Pakistan Medical and Dental Council Ordinance (II of 2019), S.15Admission in Medical College

Grievance of private medical colleges was that Pakistan Medical and Dental Council did not allow them admissions to fill in their vacant seats in the College

Plea raised by Pakistan Medical and Dental Council was that no admissions could be allowed beyond cutoff date

Validity

Pakistan Medical and Dental Council decided to adjust students already enrolled and registered with a medical college which was de-notified, as students had commenced their academic year with said college

Such act by Pakistan Medical and Dental Council was also undertaken to safeguard admission of such students in medical and dental college

Candidates were given opportunity to approach colleges of their choice as per list provided to them to seek adjustment

Case of adjusting students of de-notified college could not be termed as discriminatory when compared with admitting new students

Where students were registered in the middle of academic year, if at all they were granted any admission, that could not be at expense of academic calendar and could not be based on understanding that extra classes, extra time and vacation time would be utilized to make up months which students had missed

Such would not only compromise on quality of education but it also unnecessarily burdened students to complete work required to be done over a period of at least nine months being minimum months required for such education at a shorter time

Process of recognition and registration did not ipso facto create a right for admission in existing academic year simply because a college was recognized and registered

Admission offered to such colleges was by way of a concession and could not be claimed as of right

Pakistan Medical and Dental Council was required to maintain its academic calendar and follow schedule provided in MBBS and BDS (Admission, House Job and Internship) Regulations, 2018 for purpose of admission, recognition, registration and examination

High Court could not grant admission to students without considering their merit

High Court set aside order passed by Single Judge of High Court

Intra-court appeal was allowed accordingly.

2018 CLCN 80 LAHORE-HIGH-COURT-LAHORE Judicial Precedent

Admission in Medical CollegeQuota reserved for candidates from under-developed DistrictsOpen merit list and reserved seats for admission in medical and dental collegesScope

Petitioners-candidates applied for admission in medical course on open merit as well as on the basis of quota reserved for candidates from under-developed Districts

Respondents were admitted against seats reserved for under-developed Districts despite the fact that they were eligible for admission on open merit

Contention of petitioners was that respondents being qualified to be admitted on open merit reserved quota for under-developed Districts should have been allocated to those candidates whose names did not appear in the open merit list

Contention of authorities was that candidates from under-developed Districts had been given option to apply simultaneously on the basis of open merit as well as the quota fixed for the said Districts for which separate merits lists were prepared and candidate if selected on the basis of both such lists was to be allocated seat higher in order of preference provided by the said candidate

Validity

Candidates eligible for admission against both the open merit as well as reserved seats could avail only one seat

Said seat was to be allocated by the Admission Board purely on merit in a college of choice of the candidate listed higher as per his/her order of preference given in his/her admission form

Medical College higher in the preference list of a candidate would be imposed on him if he was eligible to be selected on the basis of both merit lists

Respondents who were higher in merit than the petitioners were allocated seats in Medical College in order of their preference reserved on the basis of quota for under-developed Districts

Seats that could have been allotted on open merit were not occupied by the said respondents as the same were lower in their choice of preference of Medical College

Educational institution was the best judge to determine the policy upon which the admissions were to be provided to the candidates

Said decision could not be set aside by the High Court unless same was found to be mala fide, perverse or against any provision of law

No such ground had been pointed out by the petitioners in the present case

If seat on open merit list was not joined by the said candidate then same had to be allocated to the candidate next in the line on merit on open merit list and could not be allocated by leaving aside that list for adjusting the candidate from under-developed Districts against the same

No illegality, arbitrariness or mala fide had been pointed out in the present case

Authorities had freedom to adopt any policy for admission of students to the medical colleges

Constitutional petition was dismissed in circumstances.

2016 GBLR 250 SUPREME-APPELLATE-COURT Judicial Precedent

Admission in Medical College

Petitioner applied nomination against the reserved seats in the medical colleges of Punjab, Azad Kashmir and Khyber Pakhtunkhwa for the relevant academic year

Authorities vide provisional selection list nominated the name of the petitioner in Azad Jammu and Kashmir, but subsequently his name was dropped from the list

Petitioner had qualified on merit amongst 11 other candidates, said 11 candidates were adjusted against the allocation quotas of Punjab, Azad Jammu and Kashmir and Khyber Pakhtunkhwa, whereas the petitioner was deprived of admission in though he was placed equally among equals

Supreme Appellate Court observed that since the matter pertained to the career of a Student, petition was partially allowed, with the direction that the Government of Gilgit Baltistan, without affecting the reserved seats quota of Medical Colleges for the relevant year the petitioner be accommodated in any of the Universities of the Punjab

Order accordingly.

2015 GBLR 397 SUPREME-APPELLATE-COURT Judicial Precedent

Admission in Medical College

Candidate, was nominated against medical seat reserved for District Diamir being domiciled resident of said District and having obtained higher marks than the respondent

Respondent challenged the bona fide residency of the petitioner through the suit which was sub-judice before the Civil Judge, but the interim matter travelled from civil court to Supreme Appellate Court

If the matter was allowed to go through procedural formalities of the courts, then reserved seat of Medical College, would be lost and none of the parties would be able to avail the reserved seat in said Medical College as a short span of time was left to get admission therein

Said loss would not be only of the parties to the suit, but would affect the Gilgit-Baltistan at-large

Secretary Education Gilgit-Baltistan had proposed to accommodate both the candidates, by formula that one candidate to be nominated this year and the other in the next session

Said proposal was plausible and the parties had also consented to the same

Petitioner having already been nominated against the reserved seat for District Diamir in the Medical College, nomination of the petitioner was allowed in the said Medical College against reserved seat of District Diamir for current year

Respondent would be entitled to get admission against a reserved seat for Diamir District in the next year

Order accordingly.

2015 MLD 229 LAHORE-HIGH-COURT-LAHORE Judicial Precedent

Art.199Constitutional petitionAdmission in medical collegeCriteria, non-fulfilment of

Petitioners were studying in MBBS first year and their admissions were cancelled on the ground that their results were not accepted by Pakistan Medical and Dental Council and University of Health Sciences

Validity

Petitioners were required to take Medical Colleges Admission Test (MCAT) conducted by NTS, instead the petitioners took National Aptitude Test (NAT-IM) conducted by NTS

NAT-IM Test was not recognized by Pakistan Medical and Dental Council as it was a monthly test and was not geared for gaining admission to medical/dental educational institutions

Petitioners had not met the basic eligibility criteria for gaining admission in medical college as laid down by authorities

Petitioners were only granted 'provisional' admission subject to verification of their antecedents and registration with authorities, therefore, petitioners could not claim to have acquired a vested right to continue with their studies in medical college

Petitioners failed to point out any jurisdictional error nor it had been shown that decision of authorities was perverse or arbitrary

High Court declined to interfere in the matter

Petition was dismissed in circumstances.

2014 MLD 1 KARACHI-HIGH-COURT-SINDH Judicial Precedent

Arts. 25, 37(c) & 199Constitutional petitionEducational institutionAdmission in Medical CollegeRight of Higher EducationTechnicalities of procedureScope

Method of preparing joint merit list, equipping female candidates of top and bottom to oust the intermediate male candidate, cannot be said to be within spirit and object of Art.25 of the Constitution

Refusal of petitioner, a male candidate, for his admission in MBBS class on sole count for exercise of choice option by female does not seem to be justified; it is legitimate and legal right of every individual to have higher education and it would not be appropriate to deprive the petitioner from his such legitimate and legal right in name of an option choice technique, meant for female candidates alone

Technicalities of procedure should not be used as a sword but as a bridge of facilitation in achieving intended objects of legislation, rules, procedure and policy.

2013 YLR 169 SUPREME-COURT-AZAD-KASHMIR Judicial Precedent

Ss.42 & 44Educational institutionAdmission in medical collegeEstoppel, doctrine ofApplicability

Advertisement was issued inviting applications for admission in the medical college with a condition that the candidates, who had qualified the valid entry test conducted by authorities in Punjab and Khyber Pakhtunkwa, and recognized by Pakistan Medical and Dental Council, were eligible to apply for admission

Appellants/ candidates, in the present case, could not attain merit position

Admission Committee, relying upon the entry test conducted by National Testing Service (NTS), granted admission to respondents

High Court dismissed writ petition of the appellants against the decision of Admission Committee

Validity

Appellants at one side participated in the entry test conducted by NTS and when they could not achieve the desired result; and admissions were granted to respondents, they turned round and challenged the same on the ground that the entry test conducted by National Testing Service (NTS) could not be considered for determining the merits

After participating in the entry test, appellants could not challenge the admission granted to respondents on the basis of NTS entry test

Doctrine of estoppel by conduct, in circumstances, was fully applicable in the case of appellants

Writ petitions against the admission of respondents were not competent on the principle of estoppel by conduct which were dismissed on the ground that the appellants were below in the merit list prepared by the Admission Committee

Appeal against order of High Court, was dismissed by the Supreme Court.

2013 YLR 1796 LAHORE-HIGH-COURT-LAHORE Judicial Precedent

Condition "e" of Eligibility and RulesConstitution of Pakistan, Art. 199Constitutional petitionAdmission in Medical CollegeFailure to mention the name of college in the preference formEffect

Candidate was aware at the time of filling the admission form that she had to mention every college that she wanted to be considered for admission

Prospectus and the admission form were clear at stating and highlighting the importance of the preference form

No basis upon which the High Court could direct the respondents-Authorities to consider the petitioner for admission to a college which was not stated in the list of preference

Petitioner took a conscious decision at the time of filling of the form, hence she was bound by such decision

Constitutional petition was dismissed.

2013 YLR 652 HIGH-COURT-AZAD-KASHMIR Judicial Precedent

Regln. 9Conditions for Admission in MBBS and BDS Courses and House Job Regulations, 2010, Reglns.4 & 9Azad Jammu and Kashmir Interim Constitution Act (VIII of 1974), S.44Writ petitionAdmission in Medical College

Candidates had been granted admission by the Admission Committee, whereas petitioner had been refused the same on the ground that he could not obtain merit position against the quota of 'Overseas Kashmiries'

Petitioner had prayed that by declaring act of authorities capricious, mala fide and violative of guidelines, admission of candidates be declared to have been made without lawful authority

Validity

Under Pakistan Medical and Dental Council Regulations, 2010, for admission against the category under the heading of "Overseas Students", the only condition was that a student should have passed an examination equivalent to Intermediate level of Pakistan from a foreign education system

Only condition was that they were Pakistan National, and had passed their examination after studying abroad from a foreign education system

While reserving seats for "Overseas Kashmiries' intention was to reserve the seats for Overseas Kashmiris' children

All the students/respondents, who had been admitted against the Overseas Kashmiries children seats, except one, were not in possession of dual nationality

Resident work permit issued in favour of the parents of the respondents, were not substitute of dual nationality, because same were issued for a limited period and purpose and would remain valid up to certain time

In the admission policy issued for candidates seeking admission against the category of Overseas Kashmiries' children, were required to send their applications along with passport, visa and equivalence certificate, which was sine qua non for admission in question, which condition could not be relaxed

Where admission was granted in violation of the policy and statutory Rules, same could not be saved and no benefit could be extended to the students, who had illegally been admitted on the ground that relevant academic session had expired

Admission of candidates made against the overseas seats, being illegal, was declared to have been made without lawful authority and was of no legal consequence

Petitioner, being not in possession of dual nationality, his request for direction for admission was rejected.

2013 YLR 652 HIGH-COURT-AZAD-KASHMIR Judicial Precedent

R. 9Conditions for Admission in MBBS and BDS Courses and House Job Regulations, 2010, Rr.4 & 9Azad Jammu and Kashmir Interim Constitution Act (VIII of 1974), S.44Writ petitionEducational institutionAdmission in Medical CollegePrerogative of GovernmentScopeGovernment had the prerogative to establish Medical Colleges and reserve seats, for admission for different categories

Government was also competent to adopt policies which were essential for day to day business within constitutional framework

Where, however, a case of arbitrary exercise of power by the Government, or a public functionary was made out or violation of statutory Rules was proved, or any policy or executive or administrative order had been issued without any statutory backing, or any contravention was noted in the policy; or order and statutory Rules, then, the court was duty bound to declare such policy and administrative order to the extent of such inconsistency against the statute and without lawful authority

Pakistan Medical and Dental Council was the only statutory body vested with authority to frame policy, criteria for admission for Medical Colleges

Executive Committee was not competent to make its own policy or provide additional qualification in presence of Pakistan Medical and Dental Council Regulations

Conditions formulated in the meeting of Executive Committee being contrary to the Pakistan Medical and Dental Council Regulations, were declared ultra vires of the Pakistan Medical and Dental Council Regulations/Rules, in circumstances.