| Case ID |
045fca75-acb5-42a8-a821-bc082fc31c01 |
| Body |
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| Case Number |
Writ Petitions Nos. 16780, 16782, 16826 of 2003, 6 |
| Decision Date |
Jan 19, 2005 |
| Hearing Date |
Dec 21, 2004 |
| Decision |
The Lahore High Court accepted the writ petitions filed by the petitioners, allowing them to sit for their professional examinations. The court ruled that the condition imposed by the Pakistan Medical and Dental Council (PMDC) requiring a minimum of 60% marks in the F.Sc. (Pre-medical) examination was not validly enforced at the time of the petitioners' admission. The court emphasized that the petitioners had a vested right to continue their studies, as they had been enrolled without any prior knowledge of the regulatory changes. The decision underscored the need for educational institutions to ensure compliance with regulations and inform students of admission criteria. |
| Summary |
This case revolves around a group of petitioners who were denied the opportunity to sit for their professional MBBS examinations due to a regulation imposed by the Pakistan Medical and Dental Council requiring a minimum of 60% marks in their F.Sc. (Pre-medical) examination. The Lahore High Court examined the legality of this regulation, determining that it was not properly enforced at the time of the petitioners' admission. The court ruled in favor of the petitioners, highlighting issues of procedural fairness and the importance of transparency in educational regulations. The ruling emphasized that educational institutions must adequately inform students about admission criteria and regulatory changes, as failure to do so can lead to significant hardships for students. This case underscores the critical balance between regulatory compliance and the rights of students pursuing their academic careers, particularly in the medical field where standards can significantly impact future opportunities. |
| Court |
Lahore High Court
|
| Entities Involved |
Pakistan Medical and Dental Council,
University of Health Sciences, Lahore
|
| Judges |
Mian Saqib Nisar,
Sheikh Azmat Saeed
|
| Lawyers |
Wajeeh-ud-Din Pervez,
Masood Mirza,
Iqbal Mehmood Awan,
Peer Kaleem Khursheed,
Rasal Ahmad Sayed,
Pervaiz I. Mir
|
| Petitioners |
13 others,
Tahmasub Faraz Tayyab
|
| Respondents |
Vice Chancellor, University of Health Sciences, Lahore,
Wajeeh-ud-Din Pervez,
Masood Mirza,
Iqbal Mehmood Awan,
Peer Kaleem Khursheed
|
| Citations |
2005 SLD 1836,
2005 PLD 261
|
| Other Citations |
Nadir Khan v. Principal Khyber Medical College 1995 SCMR 421,
Chief Secretary v. Sher Muhammad Makhdoom PLD 1991 SC 973,
Chairman Selection Committee/Principal King Edward Medical College Lahore and others v. Wasif Zamir Ahmed and another 1997 SCMR 15,
Mst. Attiya Bibi Khan and others v. Federation of Pakistan and others 2001 SCMR 1161,
Muhammad Suleman and others v. Abdul Ghani PLD 1978 SC 190,
Saghir Ahmed v. Province of Punjab PLD 1004 SC 261
|
| Laws Involved |
Pakistan Medical and Dental Council Ordinance, 1962,
General Clauses Act, 1897
|
| Sections |
33,
33(1)(2),
20-A
|