
The bench comprising Justice Shaikh Azmat Saeed and Justice Chaudhry Shahid Saeed gave the ruling while disposing of several identical writ petitions challenging the process of entry tests for MBBS.
Advocates Muhammad Azhar Siddique, Mian Abdul Qaddus, Nasir Mehmood Qureshi, and Mian Qamaruz Zaman represented the petitioners.
In its short order, the court ruled that PMDC was the relevant regulatory body and that all medical universities and colleges should follow its guidelines.
The court also directed the Punjab government and the University of Health Sciences (UHS) to arrange a special entry test for the students who had secured 60 per cent or above marks in FSc exams but did not appear in the entry test.
The PMDC had told the bench that the Council had already issued uniform rules and regulations for entry tests in medical colleges throughout Pakistan and that the Punjab government and UHS should abide by these rules. According to PMDC rules, a student who passed FSc (Pre-medical) examination and had obtained 60 per cent marks, is eligible to appear in the entry test. The Punjab government had overlooked these rules and held the entry tests before the announcement of FSc results. The counsel submitted that the results of the entry tests should not be published till the rest of the students had taken the entry test. They said that holding the entry test in such manner was a violation of the fundamental rights as envisaged in the Constitution and a clear violation of the mandatory instructions issued by the PMDC. The counsel said that all other provinces were following the eligibility criterion of 60 per cent marks in FSc.
They also pointed out that the respondents had also changed the passing marks threshold from 40 to 60 per cent.
Advocate Azhar Siddique requested that the criteria for entry tests given by the respondents be declared to be without lawful authority for being in conflict with Article 9, 25, 37 and 38 of the Constitution. He said that the respondents might be directed to act strictly in accordance with the law and follow the criteria laid down by the PMDC.
Published in The Express Tribune, September 7th, 2010.
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