| Case ID |
25ad2e9d-afb9-490d-8cd8-0bebebedd900 |
| Body |
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| Case Number |
Constitutional Petitions Nos. D-4953, D-5036, D-51 |
| Decision Date |
Dec 11, 2020 |
| Hearing Date |
Nov 03, 2020 |
| Decision |
The Sindh High Court addressed multiple constitutional petitions challenging the vires of the Pakistan Medical Commission Act, 2020, particularly regarding the legality of the Medical and Dental College Admission Test (MDCAT) and the regulations framed under the Act. The court found that the provisions of sections 4 and 18 of the Act were not ultra vires the Constitution. The court emphasized the importance of adhering to the principles of cooperative federalism and noted that the admission policies must strictly comply with merit criteria as established by provincial governments. The decision underscored the necessity for the Pakistan Medical Commission to conduct the MDCAT in a legally compliant manner, ensuring transparency and fairness in the admissions process. The court ruled that the PMC regulations 2020-2021 would apply for the current admission cycle, ensuring no domicile restrictions for private medical colleges, thus upholding the rights of students seeking admissions in medical and dental programs. |
| Summary |
This case revolves around the constitutional petitions filed by the Peoples University of Medical and Health Sciences for Women, challenging the legality of the Pakistan Medical Commission Act, 2020, particularly its sections concerning medical college admissions. The court's ruling clarified the roles of federal and provincial governments in regulating medical education, emphasizing the need for fair and merit-based admissions. The decision highlighted significant legal principles, including the doctrine of 'reading down' statutes to maintain their constitutionality, which is crucial in cases involving educational regulations. The ruling also pointed out the importance of cooperative federalism in Pakistan, allowing for both national standards and provincial autonomy in educational matters. This landmark decision has implications for future admissions to medical colleges across Pakistan, ensuring that the rights of students are protected while adhering to legal frameworks. Overall, the case reinforces the necessity for transparency, accountability, and adherence to constitutional mandates in the education sector. |
| Court |
Sindh High Court
|
| Entities Involved |
Pakistan Medical Commission,
Peoples University of Medical and Health Sciences for Women
|
| Judges |
MUHAMMAD ALI MAZHAR, JUSTICE,
ADNAN IQBAL CHAUDHRY, JUSTICE
|
| Lawyers |
Sarmad Hani,
Saadi Sardar,
M. Jibran Nasir,
Ms. Umaimah Mansoor,
Zeeshan Bashir Khan,
Zeeshan Abdullah,
Malik Altaf Hussain,
Munir Ahmed Rajpar,
Sheheryar Mehar, Assistant Advocate General Sindh
|
| Petitioners |
PEOPLES UNIVERSITY OF MEDICAL AND HEALTH SCIENCES FOR WOMEN THROUGH REGISTRAR AND 4 OTHERS
|
| Respondents |
PAKISTAN MINISTRY OF HEALTH SERVICES, REGULATION AND COORDINATION THROUGH SECRETARY 13 AND OTHERS
|
| Citations |
2021 SLD 2300,
2021 PLD 256
|
| Other Citations |
Saira Rubab Nasir v. President of Pakistan PLD 2020 Isl. 130,
Syed Mahmood Akhtar Naqvi and others v. Federation of Pakistan and others PLD 2013 SC 195,
Syed Mubashir Raza Jaffri and others v. Employees Old-Age Benefits Institutions (EOBI) and others 2014 SCMR 949,
Muhammad Yasin v. Federation of Pakistan and others PLD 2012 SC 132,
Mir Shabbir Ali Khan Bijarini and others v. Federation of Pakistan and others PLD 2018 Sindh 603,
Federation of Pakistan and others v. Shaukat Ali Mian and others PLD 1999 SC 1026,
Benazir Bhutto v. Federation of Pakistan and another PLD 1988 SC 416,
Sui Southern Gas Company Ltd. and others v. Federation of Pakistan and others 2018 SCMR 802,
M.Q.M. and others v. Province of Sindh and others 2014 CLC 335,
Government of Sindh and others v. Dr. Nadeem Rizvi and others 2020 SCMR 1,
Messrs Saba v. The Province of Sindh and others 2020 PLC (C.S.) 113,
Lahore Development Authority and others v. Ms. Imrana Tiwana and others 2015 SCMR 1739,
Ibrar Hussain and other v. Government of N.WF.P. and others 2001 SCMR 914,
Tasnim Jalal and others v. Deputy Director, A.N.F. and others 2010 SCMR 72,
Punjab Higher Education Commission v. Dr. Aurangzeb Alamgir and others PLD 2017 Lah. 489
|
| Laws Involved |
Pakistan Medical Commission Act, 2020,
General Clauses Act, 1897
|
| Sections |
50(2),
6
|