Law:

Section:

Pakistan Medical and Dental Council Act, 2022 (IV of 2023)--- ---Ss. 17 & 49---Constitution of Pakistan, Art. 199---Constitutional petition---Medical College---Admission---Alternate and efficacious remedy---Vacant seats---Petitioners/candidates remained unsuccessful in Medical and Dental College Admission Test (MDCAT) who assailed the process of test and sought adjustment from vacant seats---Validity---Petitioners did not avail remedy against alleged act of the Council with regard to preparation of test but approached High Court that too without having any evidence to such effect---None of the petitioners prior to taking MDCAT objected to the exam as hard or out of syllabus or not in line with the policy framed by PMDC and/or in contravention of Pakistan Medical and Dental Council Act, 2022 and Regulations---Petitioners were estopped from throwing challenge to the process of test---All those seats which could not be filled up for any reason, stood carried forward to the subsequent year and were to be filled up on the basis of merit of the whole Province---High Court declined to interfere in admission process---Constitutional petition was dismissed, in circumstances. JUDGMENT MUHAMMAD KAMRAN KHAN MULAKHAIL, JUSTICE:---.--- By means of this common judgment, we are proposed to dispose of the Constitutional Petitions Nos. 1515, 1534 and 1574 of 2023, as identical questions of law and facts are involved in these petitions. 2. The Petitioners in all three petitions being aspiring candidates for admission to a medical university(ies)/college(s) for the MBBS and BDS courses for the session 2023, participated in the 'Medical and Dental College Admission Test' (MDCAT) conducted on 10th September 2023, however, as per their contention the tests was not conducted as per guidelines prescribed by the PMDC, while the test was to be conducted through respective province, but in complete disregard to the PMDC Rules/Regulations and guideline framed thereunder, the test was conducted through an unauthorized body viz National University of Science and Technology (NUST); that mass cheating through modern electronic devices in the said test has also been unearthed, which has…

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