Case Details

Citation(s)
2019 SLG 2882 2019 SLD 2882 2019 MLD 1900
Lahore High Court
Intra Court Appeal No. 404 of 2018 in W.P. No. 14689 of 2018, decision Dated: 07-02-2019. Hearing Dated: 31st 2019.
MUHAMMAD SAJID MEHMOOD SETHI, JUSTICE ASIM HAFEEZ, JUSTICE
Petitioner(s) by: Raja Naveed Azam
Respondent(s) by: Abdul Salam Alvi M.A. Hayat Hiraj for UHS.

HANIA NAJEEB

VS

PAKISTAN MEDICAL AND DENTAL COUNCIL (PMDC), ISLAMABAD THROUGH PRESIDENT AND 4 OTHERS

Law: MBBS and BDS (Admission, House Job and Internship) Regulations, 2018

Section: 9(1)

MBBS and BDS (Admissions, House Job and Internship) Regulations, 2018--- ----Rgln. 9(1)---MBBS and BDS (Admissions, House job and Internship) Regulations, 2016, Rgln. 9---Eligibility criteria for admission in MBBS and BDS---Vested right---Appellant was a candidate who had applied for admission in MBBS and BDS---Grievance of appellant was against mandatory appearance in Medical and Dental Colleges Admission Test (MDCAT) in year 2018 and sought admission on basis of SAT-II score---Validity---Mere appearance in MDCAT Examination by appellant, conducted by University of Health Sciences, in pursuance of advertisement would not deprive her of claiming vested right to be assessed for purposes of admission in MBBS and BDS on basis of SAT-II scores---By the time mandatory condition of MDCAT was advertised, which was even before approval extended to MBBS and BDS (Admissions, House job and Internship) Regulations, 2018 by Supreme Court, appellant had completed her A-levels and she already undertook SAT-II---Division Bench of High Court declared that appellant was entitled to be considered/assessed for admission in MBBS and BDS on basis of her SAT-II score provided she fulfilled all other conditions prescribed for eligibility other than condition of MDCAT---Order of Single Judge of High Court was modified but declaration of validity of MBBS and BDS (Admissions, House job and Internship) Regulations, 2018 was sustained---Intra-court Appeal was allowed accordingly. Muhammad Fahad Malik v. PMDC and others PLD 2018 Lah. 75; Pakistan Medical and Dental Council Through President and 3 others v. Muhammad Fahad Malik and 10 others 2018 SCMR 1956 and Pir Baksh v. Chairman Allotment Committee PLD 1987 SC 145 ref. THIS JUDGMENT DELIVERED BY: ASIM HAFEEZ, J.--- This Intra Court Appeal arises out of judgment dated 08.11.2018 by the learned Single Judge-in-Chambers, whereby the writ petition filed by the appellant was dismissed. 2. Before adjudicating upon the lis, it is expedient to reproduce relief sought in the writ petition by the appellant, which reads as; "In view of the above, it is therefore respectfully prayed that instant petition may graciously be allowed, the impugned 2018…
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