MUHAMMAD AWAIS vs GOVERNMENT OF PAKISTAN through Federal Secretary Health, Islamabad S — 2024 MLD 422 PESHAWAR-HIGH-COURT

Case information

Citation: 2024 MLD 422 PESHAWAR-HIGH-COURT
Court: Peshawar High Court
Year: 2024
Reporter: MLD
Parties: MUHAMMAD AWAIS vs GOVERNMENT OF PAKISTAN through Federal Secretary Health, Islamabad S
Subject matter: Criminal
Provisions referred to: S. 18; Pakistan Medical Commission Act

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

Judgment text as reported

MUHAMMAD AWAIS VS GOVERNMENT OF PAKISTAN through Federal Secretary Health, Islamabad S.18(3)---Pakistan Medical Commission Medical and Dental Undergraduate Education (Admissions, Curriculum and Conduct) Regulations, 2021, Reglns. 4 & 18---Admission to medical college---Vacant seats, adjustment of---Petitioners / candidates passed Medical and Dental Colleges Admission Test (MDCAT) and were aggrieved of Policy regarding vacant seats---Validity---Pakistan Medical Commission under Pakistan Medical Commission Act, 2020, as well as under Pakistan Medical Commission Medical and Dental Undergraduate Education (Admissions, Curriculum and Conduct) Regulations, 2021, was not empowered to undertake process of admission on its own---Such powers under S.18(3) of Pakistan Medical Commission Act, 2020, were specifically delegated upon public sector universities---Public sector universities were free and independent to chalk out policy for admission in respective colleges but in conformity with Pakistan Medical Commission Act, 2020---Notification dated 16-02-2022 to the extent of barring petitioners to exercise their choice for transfer of their admission from one Medical and Dental College to another Medical and Dental College, which right was conferred upon them under Para-28 of Admission Policy of Khyber Medical University and Regulations Nos.4 (l1) and 18 of Pakistan Medical Commission Medical and Dental Undergraduate Education (Admissions, Curriculum and Conduct) Regulations, 2021 was illegal and without lawful authority---High Court directed Khyber Medical University to readjust admission of enrolled students by allowing petitioners to first exercise their choice for transfer of their admissions to medical college of their choice on merit---Constitutional petition was allowed accordingly.

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