HAMZA BASHIR vs PAKISTAN MEDICAL COMMISSION Ss — 2021 PLD 654 LAHORE-HIGH-COURT-LAHORE

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HAMZA BASHIR VS PAKISTAN MEDICAL COMMISSION Ss. 13(c), 32 & 37---Pakistan Medical Tribunal Act (XXXIV of 2020), S.6(11)---Admission Regulations, 2020-2021, Reglns.18, 19, 19-A & 19-F---Medical and Dental Undergraduate Education (Admission, Curriculum and Conduct) Regulations, 2021, Reglns. 10 & 21---Constitution of Pakistan, Art. 10-A---Re-admission process---Due process, principle of---Applicability---Petitioners were students of medical colleges who were aggrieved of directions issued by Pakistan Medical Commission for initiating process of re-admission---Validity---Orders in question were not appealable before Medical Tribunal as those were not specific orders passed on a specific complaint---Orders in question were identical and had suspended admission of petitioners and their interview marks without hearing them---Pakistan Medical Commission did not exercise its authority as per law and entire decision making process was contrary to principles of due process---Pakistan Medical Commission was to ensure that process of admission was not tainted, it was complied with regulations so as to ensure that students with higher merits were given admission---Admission process itself was competitive and private colleges were given discretion of 20% marks with respect to interview---Entire dispute before High Court hinged on the manner in which 20% marks were granted---Though Pakistan Medical Commission asserted that merit and transparency was necessary and it was in order to attain merit and transparency that such exercise was undertaken but the manner in which Pakistan Medical Commission attempted to resolve the problem was in contravention to its own Admission Regulations, 2020-2021 and Medical and Dental Undergraduate Education (Admission, Curriculum and Conduct) Regulations, 2021,and in negation to the authority it could exercise under Pakistan Medical Commission Act, 2020---High Court observed that Pakistan Medical Commission should have addressed each and every complaint on its merit, passing a specific order with respect to basic complaint against respective college, which order would be appealable before Medical Tribunal---High Court set aside order passed by Pakistan Medical Commission---Constitutional petition was allowed, in circumstances.

HAMZA BASHIR vs PAKISTAN MEDICAL COMMISSION Ss — 2021 PLD 654 LAHORE-HIGH-COURT-LAHORE

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