Aina Bano vs Pakistan Medical Commission S — 2024 MLD 867 LAHORE-HIGH-COURT-LAHORE

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Aina Bano VS Pakistan Medical Commission S.8(2)(f)---Medical and Dental Undergraduate Education (Admissions, Curriculum and Conduct) Regulations, 2021,---Public Notice issued by Pakistan Medical Commission---Medical and Dental Colleges Admission Test ('MDCAT') for the session 2022-23---Criteria ---Marks obtained in compulsory subjects, exclusion of---Calculation of merit--- Policy-decision of Pakistan Medical Commission ('PMC')---Petitioner (candidate for admission in medical and dental colleges for the session 2022-23) filed constitutional petition challenging a Public Notice issued by PMC which was to the effect that candidates who passed their F.Sc (Pre-Medical)/HSSC or equivalent exam last year (2021) and were now applying for MDCAT for the session 2022-23, only their elective subject marks and percentage would be considered for merit calculation for admission in medical and dental colleges for the session 2022-23---Argument of the petitioner was that in processing her candidature for admission by non-inclusion of her marks for the compulsory subjects would be discriminatory as the candidates who took F.Sc in 2022 would get their marks in Urdu, English, Islamic Education and Pakistan Studies also reflected in calculation of 40% weightage being given to F.Sc as per regulations whereas in her case as well as other students who did F.Sc in 2021 this would not be done and score in elective subjects only would be taken which was unfair---Validity---Argument of the petitioner on the face of it was fallacious; in fact if accepted it would create a case of discrimination for the applicants who were intending to be considered for admission on the basis of F.Sc held in 2022 when the Covid-19 pandemic policy was no longer in vogue and papers were actually held and taken for the subjects of Urdu, English, Islamic Education and Pakistan Studies and marks were based on performance of these students in the examination in those subjects whereas in the case of petitioner marks were given in all these subjects on the basis of Covid-19 pandemic and she did not actually take these papers---Admittedly, the petitioner was eligible to apply last year for admission in session 2021-22 which she had not done due to her own reasons---All admissions with respect to candidates of F.Sc in 2021 were processed strictly on the basis of elective subjects only and the score policy applied to all candidates from that year who would be seeking admission in session 2022-23 which was a separate and distinctive category as no examinations were held in the compulsory subjects in their case which was applied across the board within that category and no instance of exception was claimed or alleged by the petitioner in said regard---Regarding objection of the petitioner that the regulations required 40% weightage qua the F.Sc score and that the policy was violative thereof, the regulation was couched in general terms and did not specify as to how that weightage of F.Sc score would be actually calculated--- By notification dated 30.6.2021 said calculation of merit qua the F.Sc score was specifically limited to only the elective subjects as they were the only subjects in which examinations were actually held and taken and the petitioner fell in the same category which was covered by the said notification---Expectation that the constitutional jurisdiction may be pressed into service as expressed is not admissible which will have the effect of reshaping the modality structured by the regulatory body in its statutory role to equitably and reasonably attend to the subject-matter in given circumstances that squarely fell in its regulatory domain---Calculation of merit is a very serious matter in general and goes to the heart of informing the basis of proper distribution of limited resources in terms of goods and services---In present case it was entry/seats in medical education---Observance of merit is all the more pivotal to professional education as eventually the products thereof are required to deal with sensitive matters having potentially far-reaching effects on human lives and society---Such determination is best made on the basis of actual performance of the candidates and no undue advantage would be accorded to any person to the exclusion of others in such process without offending settled principles of good governance---In the present case, the score of the petitioner in the compulsory subjects, which she insisted to be included, would clearly put her at an unfair advantage and the applicants with F.Sc completed in 2022 at an unfair disadvantage, as the score of the latter category was based on a result of actual examinations held whereas her (petitioner's) result was based on fictional score---Even petitioner's submission (that such criteria shall also be made in the case of matriculation which is not being done) was entirely extraneous to the controversy at hand as her insistence was on inclusion of unearned score of F.Sc in consideration of her merit for session 2022-23 whereas she took her matriculation well before Covid-19 and qua her case matriculation examination had no material bearing---Policy-decision of PMC to the extent represented by the Public Notice as such fully stood to reason and suffered from no inherent or illegal discriminatory feature being based on tenable classification and, therefore, warranted no interference in extraordinary constitutional and discretionary jurisdiction of the High Court---Constitutional petition was dismissed, in circumstances.

Aina Bano vs Pakistan Medical Commission S — 2024 MLD 867 LAHORE-HIGH-COURT-LAHORE

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