SHC denies stay on release of MDCAT merit list

PMC's lawyer says candidates awarded 14 grace marks for vague questions

The Sindh High Court (SHC) rejected a request on Tuesday to grant a stay on the release of the merit list of Medical and Dental College Admission Test (MDCAT) conducted under the supervision of the Pakistan Medical Commission (PMC) .

It was a hearing a plea pertaining to the results of controversial Bachelors of Medicines, Bachelors of Surgery (MBBS) entry tests held by the PMC.

At the hearing, the PMC submitted its reply on the plea, maintaining that none of the questions in the tests were out of syllabus. However, the

PMC counsel admitted, 14 questions in the tests were "vague", albeit adding that all candidates had been awarded 14 grace marks.

The counsel for the petitioner argued in turn that 18 questions in the test were out of syllabus and 10 were vague.

He moved the court to issue a stay order, whereby deferring the release of the merit list for the tests.

"But should students' results be delayed when candidates have passed the test on merit?" the court remarked, directing the counsel for the petitioner to present his arguments on the PMC's reply at the next hearing. The counsel, however, in a bid to move the court to grant a stay, stated that the list was to be released on January 14.

But the court refused to issue a stay order and directed the counsel to present his arguments at the next hearing on January 28.

Investigation rules,
regulation

Separately, the SHC granted an extension to the National Accountability Bureau (NAB) to submit a written reply on a plea seeking rules and regulations for probes conducted by the anti-graft watchdog.

The plea contends that as per clause 34 of the NAB Ordinance, rules and regulations need to be brought in place for investigations and inquiries conducted by the watchdog, but they have not been devised for the past 20 years.

At the hearing, the NAB prosecutor informed the court that a copy of the draft of probe rules, issued by the NAB headquarters, was yet to be received.

He prayed the court to grant more time for the submitting a written reply on the plea.

Accepting his request, the court directed the NAB prosecutor to submit the reply on February 9.

Extension granted

At another hearing, a two-member bench of the SHC, comprising Justice Iqbal Kalhoro and Justice Shamsuddin Abbasi, granted an extension to the NAB to complete an inquiry against Pakistan Peoples Party leaders Sardar Khan Chandio and Burhan Khan Chandio.

The court was hearing the PPP leaders' bail pleas in a case pertaining to the illegal lease of state land.

At the hearing, the NAB prosecutor informed the court that the inquiry against the PPP leaders was underway and sought more time for completing the inquiry.

Granting an extension for the completion of the inquiry, the court also extended the bails of the PPP leaders until the next hearing on February 11.

The NAB has initiated an investigation against Sardar and Burhan on accusations of illegally leasing state land to an oil manufacturing company and thereby, causing a loss to the national exchequer.

Assets beyond means case

Meanwhile, a two-member bench headed by Justice Naimatullah Phulpoto sought from the NAB prosecutor a progress report on the inquiry launched against prisons adviser to the Sindh chief minister Aijaz Jakhrani, who is accused of accumulating assets beyond his known sources of income and misusing his authority.

The court was hearing Jakhrani's bail plea, in which the accused maintained that the inquiry initiated against him was based on mala fide intention.

At the hearing, the court directed the NAB prosecutor to submit a progress report at the next hearing.

Published in The Express Tribune, January 13^th, 2021.