| Case ID |
26358e9c-ec74-410a-96ec-b4119a8a5b5e |
| Body |
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| Case Number |
Writ Petition No. 28142 of 2014 |
| Decision Date |
Oct 29, 2014 |
| Hearing Date |
Oct 29, 2014 |
| Decision |
The Lahore High Court deemed the Pakistan Medical and Dental Council's (PMDC) policy of reserving 50% seats for male and female students in medical and dental colleges unconstitutional. The Court concluded that the policy violated Article 25 of the Constitution, which guarantees equality before the law and prohibits discrimination based on sex. The Court emphasized that the fixation of a quota not only compromised the merit of candidates but also hindered high merit candidates from pursuing medical education based solely on their gender. The Court ruled that such a policy fails to ensure that the best candidates enter the medical profession, ultimately affecting the quality of healthcare services. Therefore, the petition was allowed, and the PMDC policy was declared unconstitutional. |
| Summary |
In the case of Writ Petition No. 28142 of 2014, Miss ASMA JAVAID and others challenged the Pakistan Medical and Dental Council's policy of fixing a 50% quota for male and female candidates in medical and dental college admissions. The Lahore High Court, presided by MRS. AYESHA A. MALIK, ruled that this policy was unconstitutional and violated Article 25 of the Constitution, which prohibits discrimination based on sex. The Court highlighted that the policy undermined merit-based admissions, preventing high merit candidates from accessing medical education solely based on gender. The ruling emphasized the need for equality in educational opportunities and the importance of maintaining high standards in the medical profession. This case underscores the ongoing debate about gender equality in education and the implications of quotas in professional fields. Keywords: medical education, gender equality, constitutional law, Lahore High Court, Pakistan Medical and Dental Council, merit-based admissions. |
| Court |
Lahore High Court
|
| Entities Involved |
Not available
|
| Judges |
MRS. AYESHA A. MALIK, J
|
| Lawyers |
Malik Ghulam Rasul,
Ch. Muhammad Umar,
Mian Haris Yasin,
Imran Muhammad Sarwar,
Mrs. Samia Khalid,
A.A.G.,
Aamir Rasheed,
Law Officer, Health Department,
Syed Usman Munir Bukhari
|
| Petitioners |
and others,
Miss ASMA JAVAID
|
| Respondents |
and 2 others,
GOVERNMENT OF PUNJAB through Secretary, Health Department
|
| Citations |
2015 SLD 2312,
2015 CLC 907
|
| Other Citations |
Shrin Munir and others v. Government of Punjab through Secretary Health, Lahore and another PLD 1990 SC 295,
Miss Farhat Jaleel and others v. Province of Sindh and others PLD 1990 Kar. 342,
Nazar Elahi v. Government of Punjab and others 2013 CLC 1457
|
| Laws Involved |
Constitution of Pakistan
|
| Sections |
199,
25
|