| Citation(s) |
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| 2025 SLG 3644 2025 SLD 3644 = 2025 MLD 1025 |
Writ Petition No. 73273 of 2023, heard on 3rd April, 2024.
Before Asim Hafeez, J
Barrister Syeda Maqsooma Zahra Bukhari, Iqra Liaqat and Anum Tariq for Petitioner. Barrister Haris Azmat, Maryam Hayat and Hassnain for PMDC for
Respondents. Ch. Imtiaz Elahi, Deputy Attorney General for Pakistan. Rana Muhammad Ansar for UHS. Tahir Yasin, Law Officer. Imran Muhammad Sarwar, for UHS. Date of hearing: 3rd April, 2024.
MUHAMMAD ABDULLAH ABRAR SYED and others---Petitioners
VERSUS
PAKISTAN MEDICAL AND DENTAL COUNCIL (PMDC) through President and 4 others---Respondents
Law: Medical and Dental Undergraduate Education (Admissions, Curriculumand Conduct) Policy and Regulations, 2023)
Section: 4(7)(b)
(a) Medical and Dental Undergraduate Education (Admissions, Curriculumand Conduct) Policy and Regulations, 2023---
----Regln. 4(7)(b)---MBBS admission ---Foreign / reserved seats quota--Eligibility---Overseas Pakistani citizen, being foreign resident at the time of applying for admission, requirement of---Regulation 4(7)(b) of the Medical and Dental Undergraduate Education (Admissions, Curriculum and Conduct) Policy and Regulations, 2023 ('the Regulation, 2023')---Constitutionality---Held, that in the correspondence addressed by the petitioner/candidate to the President of Pakistan Medical Commission, complaining against foreign residency requirements at the time of admission to MBBS, he admited being resident of Pakistan, acknowledging that he was not a foreign resident at the time of applying for MBBS in Pakistan---Said particular stand disentitled the petitioner from claiming admission under foreign seats quota ("designated reserved seats")---Advertisement for admission for the session 2023-24 required submission of Iqama or residence permits green card or foreign passport to substantiate candidate's foreign residency at the time of submission of application---Petitioner possessed none of the mentioned documents, hence, same suffered from inherent deficiency for the purposes of seeking admission against reserved seats---Petitioner misconstrued the scope of the impugned Regulation, and failed to show that he was resident of a foreign country, at the time of making of the application ---Petitioner admitted his status as Pakistani citizen, and not being resident of a foreign country---High Court rejected the challenge to the legality / constitutionality of impugned Regulation--Constitutional petition, being merit-less, was dismissed.
(b) Medical and Dental Undergraduate Education (Admissions, Curriculumand Conduct) Policy and Regulations, 2023---