Muhammad Abdullah Abrar Syed vs Pakistan Medical and Dental Council (PMDC) Regln

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Muhammad Abdullah Abrar Syed VS Pakistan Medical and Dental Council (PMDC) Regln. 4(7)(b)---Constitution of Pakistan, Art. 199---MBBS admission---Foreign / reserved seats quota---Requirement of Overseas Pakistani citizen being foreign resident at the time of applying for admission---Judicial review---Scope---Regulation 4(7)(b) of the Medical and Dental Undergraduate Education (Admissions, Curriculum and Conduct) Policy and Regulations, 2023 ('the Regulations, 2023')---Constitutionality---Petitioner / candidate challenged Regulation 4(7)(b) of the Medical and Dental Undergraduate Education (Admissions, Curriculum and Conduct) Policy and Regulations 2023---Petitioner misconstrued the scope of the impugned Regulation, and he might have been physically present in Pakistan but failed to show that he was resident of a foreign country at the time of making of the application ---Petitioner admited his status as a Pakistani citizen, and not being resident of foreign country---Thus , the petitioner, for all intent and purposes, was a Pakistani student, eligible to compete on general seats on merit, but was ineligible for admission on reserved seats---Petitioner sought advantage of his stay in Saudi Arabia, and time spent there in acquiring HSSC (12th grade) without fulfilling the requirement of an "Overseas Pakistani" (a Pakistani citizen permanently resident in a foreign country)---No case of any discrimination or exclusion of any particular foreign country was plausibly made out ---High Court observed that in recent years a sinister practice had developed that a person, who did not meet the requirements of any rule, throwed challenge to the constitutionality of the disadvantageous rule; this called for disapproval---In absence of any defect in the constitutionality of impugned Regulation, the High Court found no reason to judicially review the plausibility, rational and foundational basis for criterion for admission against foreign seat quota---No arbitrariness or perversity was found in exercise of discretion---High Court rejected the challenge to the legality / constitutionality of impugned Regulation---Constitutional petition , being merit-less, was dismissed.

Muhammad Abdullah Abrar Syed vs Pakistan Medical and Dental Council (PMDC) Regln — 2025 MLD 1025 LAHORE-HIGH-COURT-LAHORE

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