Law: Pakistan Medical Commission Act, 2020

Section: 8,18

Pakistan Medical Commission Act ( XXXIII of 2020 )--- ----Ss. 8 18---Medical and Dental Colleges Admission Test---Pakistan Medical Commission announced decision of conducting two Medical and Dental Colleges Admission Test (MDCAT) on two different dates---Petitioners (candidates/students) contended that the impugned decision (of conducting two subject tests, instead of single test) was discriminatory and ultra vires---Held, that S.18(1) of the Pakistan Medical Commission Act, 2020 empowered the Authority, established under the Act, to conduct a single admission test on annual basis on a date approved by the Council, constituted under the Act, as per the standards approved by the Board---Impugned decision had been announced after fulfilling all conditions precedent for conducting the subject tests, as envisaged under S.18(1) of the Act---Impugned decision announced by the Commission that both the subject tests, though would be conducted on different dates, but with the same structure and standard, ruled out the possibility of any discrimination, as averred by the petitioners---Section 18(1) of the Act, contained the words on a date and a single admissions test which did not mean that the same must be read conjunctively---A single admission test denoted a single attempt by every applicant as well as a centralized test across the country---Whereas on a date meant the date approved by the Council---Applicants appearing in the subject tests, on both the given dates, would be allowed only one/single attempt; and both dates had been approved by the Council---Under S.8(2)(f) of the Act, the Council had the power to frame regulations for the conduct of admissions in medical and dental colleges and the examinations to be conducted by Commission---Approval accorded by the Council for conducting the subject tests on two dates could not be deemed to be illegal or ultra vires the Act, especially when every applicant would be allowed only a single attempt---Extraordinary and dangerous situation prevailing due to the Covid-19 pandemic , prima facie, had compelled the Council and Commission to announce separate dates for conducting the subject tests, in order to segregate the…

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