| Case ID |
f79baad7-9031-4c6b-b443-c00a57076454 |
| Body |
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| Case Number |
W.P. No. 930-P of 2022 |
| Decision Date |
Jun 17, 2022 |
| Hearing Date |
May 26, 2022 |
| Decision |
The court partially allowed the petitions, affirming that the impugned notification issued by the Pakistan Medical Commission (PMC) on February 16, 2022, which barred petitioners from transferring their admissions to other medical colleges, was illegal and without lawful authority. The court recognized the vested rights of the petitioners to apply for transfers based on merit and directed the Khyber Medical University (KMU) to facilitate this process. The ruling emphasized the PMC's lack of jurisdiction to conduct admissions on its own and reiterated the importance of adhering to established regulations governing medical college admissions, ensuring that the educational rights of the petitioners were upheld. |
| Summary |
In this significant case involving the admission policies of medical colleges in Pakistan, the Peshawar High Court addressed the grievances of petitioners who were barred from transferring their admissions based on a special admission policy issued by the Pakistan Medical Commission (PMC). The court found that the PMC had overstepped its authority by directly conducting admissions and changing established criteria. This ruling is crucial for students seeking fairness in medical college admissions and highlights the legal framework governing educational regulations in Pakistan. The decision reinforces the importance of merit-based admissions and the rights of students to choose their educational paths, particularly in the context of medical education, where competition is high and the stakes are considerable. The case underscores the need for clarity and adherence to regulations by governing bodies in the education sector, ensuring that students' rights are protected and that opportunities for advancement are fairly administered. |
| Court |
Peshawar High Court
|
| Entities Involved |
Pakistan Medical Commission,
Khyber Medical University
|
| Judges |
Ishtiaq Ibrahim,
Syed Arshad Ali
|
| Lawyers |
Ms. Humaira Gul,
Mr. Aamir Javed,
M/s. Muhammad Bashar Naveed,
Saqib Raza,
Mr. Abdul Munim Khan,
Mr. Muhammad Sangeen Khan
|
| Petitioners |
others,
MUHAMMAD AWAIS KHAN
|
| Respondents |
others,
GOVERNMENT OF PAKISTAN through Federal Secretary Health, Islamabad
|
| Citations |
2023 SLD 7072,
2023 PLJ 170
|
| Other Citations |
1999 SCMR 965,
1999 SCMR 1072,
2007 SCMR 1357,
PLD 2008 SC 135,
PLD 2006 SC 697
|
| Laws Involved |
Pakistan Medical Commission Act, 2020,
Constitution of Pakistan, 1973
|
| Sections |
18,
18(2),
18(3),
199
|