PAKISTAN MEDICAL COMMISSION vs PROVINCE OF SINDH S — 2024 CLC 53 KARACHI-HIGH-COURT-SINDH

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PAKISTAN MEDICAL COMMISSION VS PROVINCE OF SINDH S. 8 (2)(f)---Constitution of Pakistan, Arts. 142 & 143---Admission policy and criteria for Medical and Dental Colleges made by the Pakistan Medical Commission---Changes to the policy made by the Provincial Government---Legality and Constitutionality---Petitioner, Pakistan Medical Commission ("PMC"), impugned four purported Notifications, through which the Government of Sindh had essentially sought to reduce the passing marks of the Medical and Dental Colleges Admission Test ("MDCAT") from 65% to 50% for the admission session 2021-22 for the candidates of the Province---Held, that power must be exercised only with appropriate lawful authority---No executive authority can take any executive action without the backing and support of a valid law, else such exercise will be void and liable to be struck down as such---Impugned Notifications were issued in a legal vacuum with such reckless abandon---As per the criteria set for admissions, the weightage attached to the MDCAT score was 50% whereas the weightage of the HSSC/FSC and SSC/Matric or Equivalent were 40% and 10% respectively---Therefore, if the arbitrary measure seeking to supplant the standard of the PMC with the lesser one of the Provincial Government were allowed to sustain, it would enable candidates scoring between the range of 50% to 64.99% in the MDCAT, who otherwise would not have qualified, to nonetheless be considered for admission---That, in turn, would give rise to the prospect and likelihood of distortion of the eventual admission results to the detriment of those who had attained the higher standard set by the PMC, so as to deprive them of their due right to admission---For this reason too, the impugned Notifications could not stand---Constitutional petition was allowed.

PAKISTAN MEDICAL COMMISSION vs PROVINCE OF SINDH S — 2024 CLC 53 KARACHI-HIGH-COURT-SINDH

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