Mst. Liaba Rauf vs Pakistan Medical and Dental Council S — 2024 MLD 2019 ISLAMABAD

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Mst. Liaba Rauf VS Pakistan Medical and Dental Council S.17(4)---Pakistan Medical Commission Act (XXXIII of 2020), Ss. 40 & 8 (2)(f)---Pakistan Medical Commission Conduct of Examinations Regulations, 2021, Regln. 10(5)---Medical and Dental Colleges---Result of admission test---Period of validity---Vested right of passing candidate---Claim of the petitioner, candidate for Medical and Dental Colleges' Admission Test (MDCAT), was that at the time when she took MDCAT, Pakistan Medical Commission Conduct of Examinations Regulations, 2021 ('the Regulations 2021'), were in the field under which her result was to remain valid for two years and such a right could not have been taken away through a subsequent repeal of the said Regulations or through an administrative policy---Validity---Regulations 2021 were made by the Pakistan Medical and Dental Council (PM&DC) in exercise of powers conferred upon it under S.40 and subsection 2(f) of S.8 of the Pakistan Medical Commission Act, 2020 ('the PMC Act 2020')--- Regulation 10(5) of the 2021 Regulations, inter alia, provided that a person's MDCAT result shall be valid for a period of two years from the date of the exam---Petitioner appeared in the MDCAT-2022 on 13.11.2022, and subsequent to her passing the MDCAT, the Pakistan Medical and Dental Council Act, 2022(' the Act 2022 ')was enacted on 16.01.2023---Section 17(4) of the Act 2022, inter alia, provides that the MDCAT result shall be valid for three years---Term vested right must be a title to the present or future enjoyment of property, or to the present or future enforcement of a demand or a legal exemption from a demand made by another---Admittedly, the petitioner appeared in MDCAT exam held in November, 2022, when the Regulations 2021 were still in the field and under Regulation 10(5) of the said Regulations, result of MDCAT was valid for two years---Regulations 2021 having been made in exercise of power conferred under the statute were binding and could not have been given go-bye pursuant to an administrative decision---Therefore, sans the amendment in Regulation 10(5) of the Regulations 2021, the validity period of the MDCAT result could not have been reduced from two years to one session---High Court declared the petitioner's MDCAT-2022 result to be valid for two years---Constitutional petition was allowed with costs to be borne by the PM&DC.

Mst. Liaba Rauf vs Pakistan Medical and Dental Council S — 2024 MLD 2019 ISLAMABAD

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