Case Details

Citation(s)
2026 SLG 2348 2026 SLD 2348 = 2026 MLD 586
Balochistan High Court
Constitution Petition No. 115 of 2023, decided on 26th September, 2023.
Presented By: Muhammad Hashim Khan Kakar and Rozi Khan Barrech, JJ
    Muhammad Ali Kanrani for
Respondent No. 3.        Bibi Humaira, in person for Applicant.        Sultan Khalid assisted by Shabbir Ahmed Lehri, Vice Chancellor, BUMHS for Applicant.        Dr. Afzal Khaliq Baloch, Principal Mekran Medical College.

ABSHAR KHAN and 5 others---Petitioners

VERSUS

PAKISTAN MEDICAL COMMISSION (PMC) ISLAMABAD and 3 others---Respondents

Law:

Section:

Educational institution Admission in medical college---MDCAT---Subsequent change in eligibility criteria, challenge to --- Exclusion from final merit list, grievance of --- Candidates with higher marks ignored --- Constitutional touchstone --- Scope --- Briefly, petitioners appeared in MDCAT under admission process for MBBS/BDS (Session 2022-23) and were shown successful in the tentative list, but after an abrupt change in eligibility criteria their names were excluded from the final merit list, resulting in denial of admission---Held: The decision taken by the executive committee seemed to be arbitrary and discriminatory --- Medical education was a crucial part of a nation s healthcare system and ensuring equal access to quality medical education was essential for addressing healthcare disparities and providing healthcare professionals in underserved regions --- Secondly, province of Balochistan already faced significant healthcare challenges, including limited access to medical facilities and higher rates of diseases and the shortage of healthcare professional exacerbated these disparities and hindered effort to improve healthcare outcomes --- Instead of honoring the request of the Provincial Cabinet of Balochistan and granting provisional admission to the affected students at Makran medical college, delayed the decision which amounted depriving the students of Balochistan from getting medical education --- The said colleges had already been recognized and a number of students were getting their education in the said institutions that too without any complaint and the petitioners would face difficulties after 2/3 years and meanwhile there was sufficient time to address these deficiencies by the provincial government and college administration --- Even otherwise, the deficiencies pointed out by the inspection team were of trivial nature and could be rectified within a couple of days as promised by the Vice Chancellor and Secretary Health --- Respondents were directed to grant provisional admissions to the affected students mentioned therein --- Constitutional petition was allowed, in circumstances.        Jalal-ud-Din for…
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