| Case ID |
d768f8db-24a9-4566-88a6-7bb6c7b9d640 |
| Body |
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| Case Number |
Writ Petition No. 2312 of 2021/BWP |
| Decision Date |
Apr 01, 2021 |
| Hearing Date |
|
| Decision |
The Lahore High Court dismissed the constitutional petition filed by Sumama Noor Mazhar, which sought to challenge the refusal of admission to the BDS program at Shahida Islam Medical and Dental College. The court found that the petitioner did not qualify on merit for admission in the MBBS program and had not initially applied for the BDS program, thus failing to meet the criteria set forth in Regulation 19-D of the Admission Regulations. The court emphasized the importance of maintaining the integrity of the admission process and the merit list, indicating that allowing such exceptions could disrupt established policies. The decision reaffirmed the limited jurisdiction of the High Court in matters of executive policy decisions, which are aimed at ensuring a transparent and fair admission process. |
| Summary |
This case revolves around the constitutional petition filed by Sumama Noor Mazhar against the Pakistan Medical Commission regarding her admission to the BDS program. The Lahore High Court examined the legality of the commission's refusal to admit her based on her failure to qualify for the MBBS program and her lack of prior application for the BDS program. The court upheld the regulations that govern admissions to medical colleges, particularly focusing on Regulation 19-D, which restricts admissions to students who have applied for specific programs. The ruling reinforces the principles of meritocracy in educational admissions and highlights the judiciary's limited role in interfering with executive decisions aimed at upholding transparent and fair admission processes. This case is significant for students navigating the complexities of medical education admissions in Pakistan and underscores the importance of adhering to established regulations. Keywords: medical college admissions, constitutional petition, Pakistan Medical Commission, BDS program, merit-based admissions. |
| Court |
Lahore High Court, Bahawalpur Bench
|
| Entities Involved |
Pakistan Medical Commission,
Shahida Islam Medical and Dental College
|
| Judges |
Muhammad Sajid Mehmood Sethi
|
| Lawyers |
Nadeem Iqbal Ch.,
Abdul Salam Alvi
|
| Petitioners |
Sumama Noor Mazhar
|
| Respondents |
PAKISTAN MEDICAL COMMISSION (ERSTWHILE PAKISTAN MEDICAL AND DENTAL COUNCIL)
|
| Citations |
2023 SLD 2183,
2023 MLD 1859
|
| Other Citations |
Peshawar Electric Supply Company Ltd. v. Wafaqi Mohtasib (Ombudsman) Islamabad and others PLD 2016 SC 940,
Zahra Zando v. King Edward Medical College, Lahore through Principal and 2 others 2005 YLR 1703,
Pakistan Medical and Dental Council v. Dr. Raza Muhammad Khan 1992 SCMR 1621,
Amna Sharif and another v. POF Board through Director Industrial and Commercial Relations (DICR) and others 2015 MLD 229,
Mst. Momna Mehmood v. Vice-Chancellor University of Health Sciences, Lahore and others 2015 MLD 1784,
Messrs Pharmawise Laboratories (Pvt.) Ltd., Lahore through Chief Executive Officer v. Government of the Province of Punjab through Secretary, Health C.S., Lahore and 2 others PLJ 2016 Lah. 442,
Federation of Pakistan v. Asad Javed and others PLD 2016 Isl. 53,
Karamat Hussain and another v. Election Commission of Pakistan through Provincial Election Commissioner (Punjab) and 7 others PLD 2016 Lah. 491,
Gull-e-Raana v. Chairman Admission Board, UHS and 2 others PLD 2015 Lah. 370,
Saghir Ahmad v. Federation of Pakistan through Secretary, Ministry of Water and Power, Pak Secretariat, Islamabad and others PLJ 2016 Lahore 999
|
| Laws Involved |
Constitution of Pakistan, 1973,
(Pakistan Medical Commission) Admission Regulations (Amended), 2020-2021
|
| Sections |
199,
19-D
|