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

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Muhammad Abdullah Abrar Syed VS Pakistan Medical and Dental Council (PMDC) Reglns. 2 (g) & 4(7)(b) ---National Database and Registration Authority Ordinance ( VIII of 2000 ), Ss. 10 & 12---MBBS admission ---Foreign/reserved seats quota---Eligibility---Overseas Pakistani citizen being foreign resident at the time of applying for admission, requirement of ---Foreign student---Scope---Regulation 4(7)(b) of the Medical and Dental Undergraduate Education (Admissions, Curriculum and Conduct) Policy and Regulations 2023 ('the Regulations, 2023')---Constitutionality---Held, that in Regulation 4(7)(b) of Regulations, 2023 no particular disadvantage / exclusion was found directed towards Pakistani citizens, who were resident(s) of Middle Eastern countries or Saudi Arabia, for the purposes of present controversy --- One of the conditions precedent for self-finance and foreign quota seats was that "candidate must be a resident of foreign country, at the time of applying for admission"---This key-phrase had to be read in the context of the documents ought to be provided by Pakistani students residing abroad and foreign candidates applying for the reserved seats---Details of documents were mentioned in the advertisement which inter alia included Iqama or residence permit or green card or foreign passport---It was evident that candidate(s) seeking admission against foreign seats quota must specify residency of a foreign country, at the time of making application---Physical presence of prospective candidate in Pakistan, at the time of making of application, was not a pre-requisite but what was required was that candidate should be the permanent resident of a foreign country, at the time of making application for admission---Notwithstanding, candidate's physical presence in Pakistan at the time of making application real test was whether he/she possessed any of the documents showing residency of a foreign country---Hypothetically speaking, a candidate, holding Overseas Identity Card and physically present in Pakistan for taking care of ailing parents, could still apply for admission against foreign seat quota, provided he/she had a valid residency of a foreign country, at the time of making application ; or if prospective candidate, having Iqama - [residency of UAE] - was on vacation in United States, he could apply for admission against foreign seat quota provided he/she possessed and submitted copy of valid Iqama along with the application---A prospective candidate may not be physically present in UAE - country of Iqama - but if he/she was a resident of a foreign country, at the time of applying for admission, he was eligible to apply---An invalid or ineffective Iqama did not entitle said candidate to seek a reserved seat---Persual of Ss.10 and 12 of National Database and Registration Authority Ordinance, 2000, showed that National Identity Cards were issued to the citizens and Overseas Identity Cards were issued to a class of citizens resident abroad while a foreign student was defined under Regln.2(g) of the Regulations, 2023---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) Reglns — 2025 MLD 1025 LAHORE-HIGH-COURT-LAHORE

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