AMEER HAMZA vs GOVERNMENT OF KHYBER PAKHTUNKHWA S — 2025 CLC 1995 PESHAWAR-HIGH-COURT

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AMEER HAMZA VS GOVERNMENT OF KHYBER PAKHTUNKHWA S. 17---General Clauses Act (X of 1897), S. 21---Constitution of Pakistan, Art. 199---Constitutional petition---Locus poenitentiae, principle of---Applicability---Admission test---Responsibility---Unfair means, use of---Re-examination---Jurisdiction---Provincial Government scrapped the result of MDCAT conducted for admissions to Medical and Dental Colleges and had directed for testing afresh---Validity---Provincial Government under S. 17 of Pakistan Medical and Dental Council Act, 2023 was empowered alone to conduct MDCAT examination---Provincial Government had the authority to cancel the examination in terms of S. 2l of General Clauses Act, 1897---Provincial Government could not exercise such authority in vacuum unless there was sufficient material before Provincial Government justifying or even requiring for cancellation of examination---Unfair means were used in the examination on a very large scale and there was a racket behind the same---It was evident from report of Joint Investigation Team that it was a premeditated scheme of an organized group who devised scientifically sophisticated equipment for unfair means which were available in the market against a handsome amount---Though, only 219 persons were found involved using such devices, however, keeping in view the character and design of the devices which were not easily visible, there was a strong probability that a good number of students had used the devices---Candidates who were opposing re-testing had no vested right in the examination conducted by authorities---Provincial Government had the locus poenitentiae of re-testing---Re-testing would cause no prejudice to the candidates because if they had confidence in their abilities and intellect, then in the next examination they could again attain a better position---If the examination was not re-conducted, the candidates who were involved in unfair means would be in advantageous position as compared to those students who had worked hard and burnt midnight oil while preparing for the examination---High Court declared that when mass cheating was unearthed by Joint Investigation Team, the Provincial Government rightly cancelled MDCAT and such decision of Provincial Government cancelling the MDCAT and its direction for re-taking of MDCAT was in accordance with its mandate and did not call for any interference---High Court directed Provincial Government to conduct MDCAT within the time period as provided by the cabinet (six weeks) ensuring transparency in the examination---High Court directed Medical and Dental Council to notify to Provincial Government after consulting admitting university as well as Provincial Government a date for MDCAT across the Province within a time period of six-weeks---Constitutional petition was disposed of accordingly. Citation Name: 2025 CLC 1995 PESHAWAR-HIGH-COURTBookmark this Case AMEER HAMZA VS GOVERNMENT OF KHYBER PAKHTUNKHWA S. 21---Locus poenitentiae, principle of---Scope---Power to add, amend, vary or rescind is always available to the Government or the executive authority to rescind any notification or order till a decisive step is taken--- Perpetual rights cannot be gained on the basis of illegal and flawed order---When the order has been acquired in an illegal manner, the rule of locus poenitentiae is applicable.

AMEER HAMZA vs GOVERNMENT OF KHYBER PAKHTUNKHWA S — 2025 CLC 1995 PESHAWAR-HIGH-COURT

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