Admission to Medical Colleges

Pakistan Medical Commission Medical and Dental Undergraduate Education (Admissions, Curriculum and Conduct) Regulations, 2021, Reglns. 4 & 18

Admission to medical college

Vacant seats, adjustment of

Petitioners / candidates passed Medical and Dental Colleges Admission Test (MDCAT) and were aggrieved of Policy regarding vacant seats

Validity

Pakistan Medical Commission under Pakistan Medical Commission Act, 2020, as well as under Pakistan Medical Commission Medical and Dental Undergraduate Education (Admissions, Curriculum and Conduct) Regulations, 2021, was not empowered to undertake process of admission on its own

Such powers under S.18(3) of Pakistan Medical Commission Act, 2020, were specifically delegated upon public sector universities

Public sector universities were free and independent to chalk out policy for admission in respective colleges but in conformity with Pakistan Medical Commission Act, 2020

Notification dated 16-02-2022 to the extent of barring petitioners to exercise their choice for transfer of their admission from one Medical and Dental College to another Medical and Dental College, which right was conferred upon them under Para-28 of Admission Policy of Khyber Medical University and Regulations Nos.4 (l1) and 18 of Pakistan Medical Commission Medical and Dental Undergraduate Education (Admissions, Curriculum and Conduct) Regulations, 2021 was illegal and without lawful authority

High Court directed Khyber Medical University to readjust admission of enrolled students by allowing petitioners to first exercise their choice for transfer of their admissions to medical college of their choice on merit

Constitutional petition was allowed accordingly.

Petitioners/candidates were aggrieved of eligibility criteria determined for admissions to Medical College for Overseas Pakistanis and others

Validity

Classification for candidates who had studied abroad for a mere 2-year period, no matter where that may be, were considered to be at an academic advantage compared to candidates who had acquired their education in Pakistan

Such classification amounted to a damning indictment of the overall state of education in country

While a distinction might be drawn for purposes of admission between local Pakistanis and persons who are overseas Pakistanis, the latter genre cannot be broadened vide impugned classification in question merely on the basis of two-years of foreign education, so as to encompass persons who are Pakistani citizens and otherwise possess qualifications and thus preclude them from applying for general merit seats

High Court set aside classification in question as the same was unreasonable and could not be introduced in the prospectus as a device to put an otherwise eligible Pakistani citizen beyond the pale of consideration

Constitutional petition was allowed in circumstances.

Petitioners sought change in mode of payment of college dues from US Dollars to Pak Rupees and also sought their adjustment on regular seats which were lying vacant

Validity

Petitioners applied on overseas sponsored category and their sponsors had expressed willingness to pay applicable fee in US Dollars at the time of admission

Grievance of petitioners had arisen due to continued decline of Pak Rupees in relation to US Dollars

Candidates who had applied and taken up foreign or self-finance seats could not see transfer of such further seats of either category as remained vacant to open merit quota and to be accommodated against those transfer seats

Petitioners could not be allowed to approbate and reprobate so as to accept a benefit and then seek to resign from their earlier position so as to avoid related burden

Petitioners were bound by their previous conduct

High Court declined to interfere in the matter

Constitutional petition was dismissed in circumstances.

Petitioner candidate was aggrieved of admission on seat reserved for students from erstwhile Federally Administered Tribal Area, which was given to respondent who was holding two domiciles at the time of admission

Validity

Any person could possess only one domicile at a time

Having two domiciles at the same time was an illegal act which fact was even made known to respondent when second domicile was issued to him

Respondent was dual domicile holder and in case a person who had two domiciles at a time then subsequent was to prevail

During existence of subsequent domicile, he was not entitled to get admission in medical college against one of the seats reserved for erstwhile Federally Administered Tribal Area students

High Court directed the authorities to cancel admission of respondent and petitioner be given admission as he was on merit next to respondent

Constitutional petition was allowed accordingly.

Petitioner was not vigilant and she could not be permitted to take benefit of her own lapses nor selected candidates could be deprived of their legitimate admissions

Jurisdiction of High Court under Art.199 of the Constitution was meant for correcting jurisdictional errors in orders and proceedings of tribunals and executive authorities

No illegality or error in the process of selection of candidates by authorities warranting interference by High Court was noticed

Constitutional petition was dismissed, in circumstances.

For taking admission in a public or private medical college, students from all over the country were to undertake and get through necessary requirement of MDCAT

Mandatory restriction was cast upon under S.18(2) of Pakistan Medical Commission Act, 2020 that a student who did not fulfill requirement of S.18(1) of Pakistan Medical Commission Act, 2020, could not be awarded degree

Requirement of MDCAT was mandatory requirement for admission into medical colleges as well as for awarding degree

Pakistan Medical Commission was created as a regulatory authority, for regulation and control of medical profession and to establish a uniform minimum standard of basic and higher medical education in medicine and dentistry

Functions of a Regulator were comprehensive and exhaustive ranging from formulation of policies, regulations etc. in furtherance of the cause of legislation to administratively govern and oversee implementation of those polices/rules/regulations to ensure that the same were observed in very spirit in which law intended it

If Regulator was barred from exercising any of such functions, the purpose of law would not only be compromised but the intent behind making such law was also jeopardized

High Court declined to interfere in the matter

Constitutional petition was dismissed in circumstances.

Withholding of entry test result by the University of Health Sciences on the ground that candidates were not possessing their national identity cards

Effect

Candidates were issued admittance cards for the purpose of entry test by the University of Health Sciences

Petitioners were not in possession of their national identity cards at the time of entry test and they were provisionally allowed subject to condition that their parents would provide their identity cards before closing of entry test

Parents of candidates could not provide their identity cards therefore result of entry test was withheld

Writ petition filed by the candidates was allowed by the High Court and competent authority was directed to declare their result

Validity

University of Health Sciences had allowed the candidates provisionally despite the fact that they were not in possession of identity cards

Competent authority after allowing the candidates to participate in the entry test could verify their identity even otherwise from the record

Withholding of result of entry test of the petitioners was not justified in circumstances

Nomination of successful candidates had not been challenged by the petitioners and 1st year's course had been completed

Petitioners could not get rid of the consequences of not challenging the admission of the candidates with whom they were competing despite declaration of their result

Right of declaration of result could not be withheld on the ground that petitioners were not in possession of their identity cards as said condition had been waived by the authority

Declaration of result of petitioner would not affect the admission of duly nominated candidates

Appeal was dismissed in circumstances.

Respondent did not attach registration certificate of her father issued by Pakistan Medical and Dental Council at the time of filing her application form

Before her selection as student for 1st year M.B.B.S. professional the respondent produced the required certificate and she was granted admission on merits

Petitioner being aggrieved assailed the admission of respondent before High Court in Constitutional jurisdiction

High Court dismissed the Constitutional petition and maintained the order of selection committee

Plea raised by the petitioner was that the application of respondent was incomplete and should not have been considered even

­Validity

Producing of registration certificate issued by the Medical Council was not mentioned' in para. 39 of. Prospectus of Bolan Medical College, 2003-2004

If the registration certificate was not provided along with application form, no effect was mentioned in para.10 of Prospectus of Bolan Medical College, 2003-2004, which dealt with the admissions of children of doctors

Registration certificate could have been filed along with the application form but if it had not been filed, then the college administration was also not prohibited to receive the same later on, but before its final. conclusion in respect of grant of admission of the candidate

Respondent on producing registration certificate of her father, issued by the Medical Council, had fulfilled the condition for seeking admission in terms of para. 10 of Prospectus of Bolan Medical College, 2003-2004

Supreme Court declined to interfere with the judgment passed by High Court

Appeal was dismissed.

Candidates who belonged to Frontier Region Bannu and Kohat were initially selected by Joint Admission Committee, but recommendations for their selection, were not accepted by `States and Frontier Regions Division (SAFRON) and candidates were dropped from the final list of nominations to Medical Colleges

Candidates had claimed that they were selected by Joint Admission Committee in accordance with prospectus issued by Department of Health for the Session 2003-2004 based on the allocation of seats made for Frontier Regions m summary prepared by Secretary to Governor and duly approved by Governor

Candidates had submitted that their selection was made in the meeting of Joint Admission Committee in which representatives of Governor's Secretariat and SAFRON participated

Joint Admission Committee had submitted that selection made by it was provisional and final nomination for various FATA seats were to be made by SAFRON in accordance with prospectus

Prospectus of the Medical Colleges-in Punjab for the year in question had stipulated that the applicants seeking admission on self finance basis would be required to contribute to the college endowment fund at a rate depending on the college where a student was granted admission

Validity

Student who could not get admission on general merit, he himself opted to avail the benefit of self-finance scheme and as per the admission form, he agreed to abide by the terms and conditions prescribed in this regard

Such student, in circumstances, could not take exception to the scheme itself.

Candidate who passed F.Sc. Pre-Medical examination in year 2001, participated in entry test prescribed for M.B.,B.S. Class held for the Session 2001 to 2002, but he applied for admission to M.B.,B.S. Class of Session commencing from year 2002 to 2003

Candidate was informed that he was selected provisionally for admission in the first year M.B.,B.S. Class on a disabled seat for Session commencing from 2002 to 2003

Subsequently candidate was refused admission on ground that according to Prospectus of Government Medical Colleges, Health Department had prescribed that candidate applying for admission to first year M. B., B. S. Class would hold the successful result of entry test for that Session only

Candidate participated in entry test for Session 2001 to 2002, but he applied for admission for Session commencing from 2002 to 2003, for which Session he had not passed the entry test

First Session of 2001-2002 for which candidate was qualified to apply had elapsed

Government had every right to regulate the admission policy in Government Colleges through rules and regulations which could be prescribed through Prospectus of Medical College

Prospectus itself was a complete Code which had prescribed Admission Policy and said Prospectus being inviolable document to be followed both by candidates as well as Government, had to be given its due weight

Prospectus was a sort of compendium of rules and regulations, which had to be followed while seeking admission and remaining in Medical College and violation thereof would be disasterous to both parties

Admission was rightly refused to the candidate.

Candidate applied for nomination against the seat reserved for AJK nationals in Medical Colleges of Pakistan (Punjab) and also applied for nomination against special seat of M. B. B. S. Course reserved for Leepa Valley in another Medical College in Pakistan (N. -W. F. P.)

Candidate appeared in entry test of Punjab and North-West Frontier Province and qualified same, but Nomination Board nominated co-candidate on the basis of merit list prepared on result of entry test held in Punjab

If aggregate marks secured by candidate and co-candidate were taker into consideration, co-candidate was placed at higher position, as compared to candidate

Only such classification could be deemed reasonable which fosters the objects of the Constitution i.e. to make higher a education available on merits and at the same time to accommodate the interests of the socially or economically disadvantaged sections of the people for the purpose of fostering genuine gather than nominal equality.

Under the Federal Rules of Business as well as North-West Frontier Province Rules of Business, the SAFRON and Home Department of North-West Frontier Province both are concerned with nomination and admission of Federally Administered Tribal Areas candidates on reserved seats respectively

Total 111 seats had been reserved for Federally Administered Tribal Areas candidates throughout the country out of which 85 seats had been allocated in the various medical colleges of North-West Frontier Province whereas the remaining 26 seats had been reserved in other medical colleges of the three Provinces

Prerogatives had been given to the Home and Tribal Affairs Department to make and finalize admissions on the 87 reserved seats in the medical colleges of North-West Frontier Province through Joint Admission Committee and to recommend the list of those seats to SAFRON which are available in the medical colleges of the other Provinces for disposal at their end

SAFRON as well as the North-West Frontier Province Home and Tribal Affairs Department both agreed to change the criteria for admission on Federally Administered Tribal Area reserved seats in future and the Joint Admission Committee was nominated to go through the whole process of admission

Medical Colleges, in the North-West Frontier Province, are under the control of the Provincial Government

Being controlled and run by its Health Department, the Provincial Government is thus competent to make admission policies for admission in the colleges.

­Candidates appeared in F.Sc. Pre-Medical Examination and had qualified their examination by securing either 65% or more marks, but less than 70% marks

Authorities issued a Prospectus for admission in Medical Colleges in Punjab on specified date and a prerequisite was also given in the said Prospectus that only those candidates who had secured 70% or more marks in F.Sc. Pre-Medical Examination would be entitled to appear in entry test

Said change in requirement of 65% to 70% having been brought in after candidates had appeared in F.Sc. Examination, they had been taken by surprise after announcement of their result in Examination

Chairman, Admission Board had given concessional statement before the High Court whereby some candidates having less marks than 70% up to range of 65% had been granted permission to join entry test

Such concessional statement which had brought a change in Policy should have been given a wide publicity through Press, radio and television so that every candidate could have fair opportunity to compete with the others, but same had not been done

Depriving some candidates due to certain managerial problems of Authority, could hardly be a judicial decision

Last year target for appearance in entry test was 65% and no change was brought in that target throughout the year

Bringing about change after examination, would entirely affect rights of candidates as they were not apprised of any change to be brought in the admission policy

If said policy was to be changed, it could have been changed well in time so that candidates could know as to what target they were required to achieve

Admission in medical college though was not a right, but to compete for admission, was a right and laying down certain criteria/qualification to compete, was -the right of Authority, but that right should only be exercised in accordance with law, fairplay and well in time giving proper notice to competitors/candidates

Authorities were directed by High Court to fix a reasonable date through wide publicity calling upon all eligible candidates who had secured 65% or more marks to submit their application forms for appearance in entry test to be held on specified date.

Candidates were nominated by the Azad Jammu and Kashmir Government but admission was refused to the candidates by the Punjab Government for the reason that the nominations had not been trade in the manner in which the merit of the candidates was determined by the Punjab Government

Prospectus of Medical Colleges in Punjab for the year 1999-2000 showed that there was no condition about the manner in which the Azad Jammu and Kashmir Government had to determine their nominations and there was no condition that the nominations would be made in the manner prescribed or followed by the Admission Board constituted for the admissions in question

Effect

Punjab Government was not justified in not accepting the nominations as made by the Azad Jammu Kashmir Government because the nominations were in conformity with the Prospectus

Candidates were allowed provisional admission to the medical colleges accordingly.

Admission to medical colleges-Domicile certificate-Time for filing-Relevant Political Agency having been created at time of filing of application form, candidate required' to file fresh certificate of domicile from Political Agent of Agency concerned-Merely because of such certificate having been produced after prescribed date for interviewing candidates from such Agency, held, would not debar candidate from applying for admission (if otherwise entitled so to do) provided such certificate produced before announcement of list of candidates granted admission-Candidate obtaining correct certificate a month before announcement by Government of list of successful candidates, in absence of some mandatory provision to contrary, application of candidate for admission, held further, illegally rejected, especially in view of his having obtained higher marks than opposing candidate.