Case Details

Citation(s)
2022 SLG 650 2022 SLD 650 2022 MLD 361
Lahore High Court
Writ Petition No.4146 of 2021, decided on 13th January, 2022.
JAWAD HASSAN, JUSTICE
Hassan Raza Pasha, Advocate Supreme Court with Wajih Hassan Pasha and Mehar-un-Nisa for Petitioner. Rashid Hanif, Deputy Attorney General with Malik Ahtesham Saleem, Assistant Attorney General for Pakistan. Sardar Taimoor Aslam, Advocate Supreme Court f

PEALI HUSSAIN MANZOOR

VS

FEDERATION OF PAKISTAN AND OTHERS

Law: Pakistan Medical Commission Act, 2020

Section: 37

Law: Medical Tribunal Act, 2020

Section: 6(11)

Pakistan Medical Commission Act (XXXIII of 2020)--- ----S.37---Medical Tribunal Act (XXXIV of 2020), S.6 (11)---Admission test---Appeal to Medical Tribunal appeared in Medical and Dental Colleges Admission Test (MDCAT) and was aggrieved of less marks obtained in the Test---Validity---High Court perused MDCAT result and found that grievance of petitioner was correct---Pakistan Medical Commission was a Regulatory Body to regulate process of admissions to all medical colleges including private medical colleges through such mandatory test i.e. MDCAT--- Medical Tribunal was empowered under S.6(11) of Medical Tribunal Act, 2020, to hear and decide appeals within stipulated period without exception---High Court advised the petitioner to file appeal under S.37 of Pakistan Medical Commission Act, 202 read with S.6(11) of Medical Tribunal Act, 2020, before the Tribunal--- Constitutional petition was disposed of accordingly Rida Fatima v. Pakistan Medical Commission and others 2021 LHC 5524; ABWA Knowledge (Pvt.) Ltd. through Director and another v. Federation of Pakistan, through Secretary, National Health Services and another 2021 MLD 1455 and Shaheen Merchant v. Federation of Pakistan/National Tariff Commission and others 2021 PTD 2126 ref. ABWA Knowledge (Pvt.) Ltd. v. Federation of Pakistan and others PLD 2021 Lah. 436 and Shaheen Merchant v. Federation of Pakistan/National Tariff Commission and others 2021 PTD 2126 rel. ORDER JAWAD HASSAN, J.---- The Petitioner through this writ Petition under Article 199 of the Constitution of Islamic Republic of Pakistan, 1973 (the Constitution) has prayed as under: In the above said circumstances it is most respectfully prayed that this Honorable Court may kindly allow the instant Petition and issue direction to the Respondents to set aside the impugned result card dated 23rd September, 2021 and result reviewed dated 9th November, 2021 by declaring it as illegal and unlawful. It is further prayed that this Honourable Court may kindly direct the Respondent No.3 to evaluate the Petitioners result in the light of the report furnished by the skilled team of the Respondent No.5 and thereafter the enhancement of grace marks of a large…
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