Law:

Section:

Constitution of Pakistan--- ----Arts. 199 & 25---Constitutional petition---Educational institution---Admission policy---Quota system---Petitioners assailed policy of Pakistan Medical and Dental Council (PM&DC) regarding admission to medical colleges fixing number of seats for male and female students at 50% each---Validity---Pakistan Medical and Dental Council compromised on merit for entry into medical and dental profession impacting overall merit of the profession---Policy of the Council accepted male candidates with a lesser merit with no guarantee that other 50% would continue in the profession---Policy, in question, also prevented 12% high merit candidates from pursuing a medical education simply on the basis of their gender---Policy of PM&DC, in fact, did not ensure that the best of the candidates would enter into medical profession to produce the best doctors and dentists but instead allowed candidate who previously could not possibly have entered into medical and dental college to study medicine and become doctor or dentist---Entry, into medical and dental colleges, was very competitive and as per study produced before High Court, 62% of candidates who succeed into medical and dental colleges were females---High Court, in exercise of Constitutional jurisdiction, declared policy of fixation of quota to be unconstitutional, against Art.25 of the Constitution---Petition was allowed, in circumstances. Shrin Munir and others v. Government of Punjab through Secretary Health, Lahore and another PLD 1990 SC 295 fol. Miss Farhat Jaleel and others v. Province of Sindh and others PLD 1990 Kar. 342 and Nazar Elahi v. Government of Punjab and others 2013 CLC 1457 ref. JUDGMENT MRS. AYESHA A. MALIK, J.--- Through this petition, the petitioners challenge the notification issued on 18-9-2014 by the Pakistan Medical and Dental Council, Islamabad (PM&DC) wherein the number of seats for male and female medical and dental students was fixed at 50% each, for the admissions in the academic year commencing 2014-15. 2. Notices were first issued on 23-10-2014. On 28-10-2014, learned counsel for the respondent PM&DC appeared before this Court and informed the…

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