2022 YLR 1504 KARACHI-HIGH-COURT-SINDH

Fields are extracted from the reported citation and judgment text. Where a detail is not stated in the record, it is not shown.

ALI NAVEED SHAIKH VS FEDERATION OF PAKISTAN through Secretary, Ministry of National Health Services Regulations and Coordination, Islamabad Ss. 7, 8, 13 & 18---Specific Relief act (I of 1877), Ss. 42 & 54---Civil Procedure Code (V of 1908), O.XXXIX, Rr.1 & 2---Suit for declaration and injunction---Interim injunction, refusal of---admission to Dental Colleges---Plaintiffs were candidates for admission in Dental Colleges, who appeared in Medical and Dental Colleges admission Test---Plaintiffs sought suspension of test result for framing of pass marks on the ground that study hours for BDS were less than those of MBBS---Validity---There were three domains of skills (i) Cognitive, (ii) Psychomotor and (iii) affective---Cognitive domain deals with skills in which purely mental work is required e.g. making diagnoses, interpreting patient data, development of treatment plans etc.---Psychomotor domain deals with skills that an expert performs with his/her hands e.g. giving injections, performing a surgical procedure, extracting teeth etc.---affective domain deals with professional behaviors that any expert is expected to display e.g. showing care, asking questions politely, taking care of safety for patients and self, truth telling etc.---Cognitive and affective domains required for dental and medical graduates remain the same, as both graduates (MBBS and BDS) are required to interpret data, make diagnoses, develop and execute a treatment plan and perform suitable patient follow-up and deal with common complications---Subject specific differences could be there in psychomotor domain, as skills that are required by dental surgeon are different from those required by a medical graduate and in this domain too, there are commonalities i.e. both should be capable of giving right injections in prescribed way, both can give incisions etc.---Though BDS program was shorter in duration was not less intense and deliberation than MBBS program---Field related training was different but dexterity and aptitude required to students of the two medical education were the same---Lowering pass percentage of BDS could jeopardize profession of dentistry---Prime and paramount consideration for lawmakers in such regard was to produce best health care doctors and dentists in the country and when merit was improved, the students who desired to get admission in dentistry would certainly improve their capacity---Ultimate result would be in the best interest of the country which should not be compromised to achieve commercial interest of private dental colleges---High Court declined to grant interim injunction---application was dismissed in circumstances.

Case information

Judgment text as reported

Other judgments reported in 2022 YLR