Case Details

Citation(s)
2019 SLG 97 2019 SLD 97 2019 PLJ 21
Supreme Court of Pakistan
C.P. No. 766 of 2018, decision & hearing Dated: 04.04.2018. Against order Dated 6.3.2018 passed by the Islamabad High Court, Islamabad, passed in Writ Petition No. 855 of 2018)
MIAN SAQIB NISAR, HCJ UMAR ATA BANDIA, JUSTICE IJAZ-UL-AHSAN, JUSTICE
Petitioner(s) by: Mr. M. Ahsan Bhoon, ASC and Ch. Akhtar Ali, AOR
Respondent(s) by: Hafiz Arfat Ahmed, ASC and Dr. Waseem Hashmi, Registrar, PM&DC Dr. Babar Awan, Sr. ASC for Students. Dr. Usman Awan, Dir, FIA, Lahore. Mr. Sami-ur-Rehman Jami, Dy. Dir.

HASHMAT MEDICAL AND DENTAL COLLEGE

VS

PAKISTAN MEDICAL AND DENTAL COUNCIL THROUGH ITS PRESIDENT AND OTHERS

Law:

Section:

Educational Institution-- ----MBBS Students--Educational Career--Application for interim relief--Declined--Refund of excessive amount of fee--Restrain to get admission due to lack of basic requirements--Challenge to--It appears that a sum of Rs.48,153,000/- has been received by petitioner-college from its students in excess of Rs. 850,000/- per student annually, which had been allowed by this Court to be charged by legitimate private medical colleges with requisite facilities, registrations and affiliations from students--It has also been mentioned in report that educational facilities including teaching staff and hospital, general environment, classrooms and other related facilities are much worse than some of other medical colleges including Red Crescent Medical College which was recently visited by FIA team--A team of PM&DC which visited petitioner-college and so-called hospitals (with which it claims to have been affiliated), had submitted a report stating that neither petitioner-college nor hospitals meet required standards; are deficient in staff; do not possess requisite facilities; and that petitioner-college is not in a condition to impart any form of education let alone medical education to students--Above state of affairs is a sad commentary on state of medical education being imparted by non-professional, unethical and unscrupulous elements whose sole purpose is generation of money at cost of poor students whose parents pay huge sums of money as fees/donations to fulfill their dream of getting a good medical education for their children--We find that order has validly and correctly been passed and is based upon a proper appreciation of principles governing grant of mandatory injunctions--Even otherwise, this Court does not ordinarily interfere in interim orders--Therefore, no interference in order of learned High Court is called for--However, in interest of justice, let a copy of this order be placed before learned High Court in Writ Petition No. 855/2018 for further proceedings in accordance with law--Civil petition was dismissed. THIS ORDER PASSED BY: IJAZ UL AHSAN, J.- The petitioner seeks leave to appeal against an order dated 6.3.2018…
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