Law: Pakistan Medical Commission Act, 2020

Section: 8,40

Law: Constitution of Pakistan, 1973

Section: 199

Pakistan Medical Commission Act (XXXIII of 2020)--- ----Ss. 8, 40 Preamble---Constitution of Pakistan, Art. 199---Medical and Dental Undergraduate Education (Admissions, Curriculum and Conduct ) Policy and Regulations, 2022---Constitutional jurisdiction of High Court---Scope---Admission criteria for medical colleges---Medical and Dental Colleges Admission Tests (MDCAT)---Policy affairs---Calculation for admission criteria was notified as 50% percentage/ weightage in MDCAT, 40% F.Sc. or equivalent and 10% Matriculation or equivalent---Petitioners being students moved two different constitutional petitions for and against admission criteria---Contention was that, for merit calculation, actual marks/percentage obtained in only elective/science subjects in F.Sc. or equivalent be considered by the respondent(Pakistan Medical Commission) for admission in Medical and Dental colleges for the session 2022-23---Held, that it was in fact a policy formulated by the Pakistan Medical Commission which was expert in academia as well as medical field---Thus, forming another opinion allegedly on the ground that it was a hardship case for the students or that the suggested criteria be implemented for such admission apparently seemed beyond the domain of the High Court---Jurisdiction of the High Court under Art. 199 of the Constitution was not to be exercised in order to interfere in the policy making domain of the universities/institutions or even the Executive unless it was demonstrated that there was any violation of law or rules or regulations in the matter---Constitutional petitions, being not maintainable, were dismissed, in circumstances. Syed Azam Shah v. Federation of Pakistan 2022 SCMR 201; Abdul Hameed and others v. Water and Power Development Authority 2021 SCMR 1230; Shahid Pervaiz v. Ejaz Ahmad 2017 SCMR 206; Watan Party and another v. Federation of Pakistan and others PLD 2013 SC 167; Asaf Fasihuddin Khan Vardag v. Government of Pakistan and others 2014 SCMR 646; Dossani Travels Pvt. Ltd. and others v. Messrs Travels Shop (Pvt.) Ltd. and others PLD 2014 SC 1 and Dr. Akhtar Hassan Khan v. Federation of Pakistan 2012 SCMR 455 ref. JUDGMENT IJAZ ANWAR, J.---Through…

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