| Citation(s) |
|---|
| 2020 SLG 361 2020 SLD 361 2020 PLD 88 |
Sindh High Court
Constitutional Petitions Nos. D-6967, D-7534 of 2017, D-79, D-563 and D-1595 of 2018, decision Dated: 23-04-2019. Dates of hearing: 17th October, 2018, 7th February and 12th March, 2019.
MUHAMMAD ALI MAZHAR, JUSTICE AGHA FAISAL, JUSTICE
Petitioner(s) by: Akhtar Hussain (in C.P. No.D-563 of 2018).
Respondent(s) by: Kafill Ahmed Abbasi, Deputy Attorney General, Jawad Dero, Additional Advocate General Sohail H.K. Rana for PMDC. Rehan Aziz Malik, Prof. Atta-ur-Rahman, Student Advisor for
Constitutional Petitions Nos. D-6967, D-7534 of 2017, D-79, D-563 and D-1595 of 2018, decision Dated: 23-04-2019. Dates of hearing: 17th October, 2018, 7th February and 12th March, 2019.
MUHAMMAD ALI MAZHAR, JUSTICE AGHA FAISAL, JUSTICE
Petitioner(s) by: Akhtar Hussain (in C.P. No.D-563 of 2018).
Respondent(s) by: Kafill Ahmed Abbasi, Deputy Attorney General, Jawad Dero, Additional Advocate General Sohail H.K. Rana for PMDC. Rehan Aziz Malik, Prof. Atta-ur-Rahman, Student Advisor for
TALHA NASIR AND 6 OTHERS
VS
PAKISTAN MEDICAL AND DENTAL COUNCIL THROUGH PRESIDENT AND 2 OTHERS
Law: MBBS and BDS Courses and Conditions for House Job/Internship/Foundation Years Regulations, 2013
Section: 8,26
Law: MBBS and BDS (Admission, House Job and Internship) Regulations, 2018
Section: 10,24
MBBS and BDS Courses and Conditions for House Job/Internship/Foundation Years Regulations, 2013--- ----Reglns. 8 & 26---MBBS and BDS (Admission, House Job and Internship) Regulations, 2018, Reglns. 10 & 24---Regulations for Degrees of Bachelors of Medicine and Bachelors of Surgery, 2003---Semester/Annual system---Petitioners were medical students who were aggrieved of change in teaching system from semester system to annual system and its retrospective application---Validity---University issued notification wherein it was stated that as per MBBS and BDS (Admissions, House Job and Internship) Regulations, 2018, annual examination was required to be followed, hence dispensed with semester system earlier in place---All three sets of Regulations, namely, Regulations for Degrees of Bachelors of Medicine and Bachelors of Surgery, 2003, MBBS and BDS Courses and Conditions for House Job/Internship/Foundation Years Regulations, 2013 and MBBS and BDS (Admissions, House Job and Internship) Regulations, 2018 consistently maintained annual system of assessment and any deviation therefrom was an issue between medical institution and Regulatory Body---Only MBBS and BDS Courses and Conditions for House Job/Internship/Foundation Years Regulations, 2013 was no longer in force, that purportedly created a dispensation for medical institutions specifically permitted to function under a parallel regimen, however, no such specific permission was placed before court---High Court declined to exercise Constitutional jurisdiction as petitioners were unable to demonstrate infringement of any fundamental right---Constitutional petition was dismissed in circumstances. Pakistan Medical and Dental Council v. Ziauddin Medical University PLD 2007 SC 323 ref. THIS JUDGMENT DELIVERED BY: AGHA FAISAL, J.--- These petitions are interconnected as they have been filed by medical students, enrolled in the MBBS Program affected by the decision of their medical university to implement an annual system of examination, in place of the semester system that was prevalent thus far. Since the petitioners have failed to clear one or more subjects in their respective semesters, hence, they are…
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