KARACHI: The Sindh Excessive Court docket on Friday restrained the provincial authorities from holding the admission take a look at for medical and dental universities and schools within the province scheduled to be held on Sunday amid a battle of strategy between the federal and provincial authorities over the admission coverage.
A two-judge bench headed by Justice Mohammad Ali Mazhar directed the federal and provincial authorities, cited as respondents, to file feedback inside 5 days in two petitions and in addition issued notices to the federal and provincial legislation officers for Oct 22.
The primary petition was filed by 5 public medical and well being universities of the province in opposition to the Pakistan Medical Fee (PMC) and sought permission to permit the Medical and Dental School Admission Check (MDCAT) to be performed on Oct 18.
Some pre-medical college students additionally moved the SHC in opposition to the admission take a look at scheduled to be held on Sunday and sought a restraining order in opposition to it.
When each the petitions got here up for listening to earlier than the bench on Friday, the lawyer for universities, Sarmad Hani, submitted that Part 18 of the lately enacted Pakistan Medical Fee Act, 2020 was extremely vires to the Structure and the PMC had no proper to control the entry take a look at nor had any jurisdiction to cease the entry take a look at being performed by the Peoples College of Medical and Well being Sciences for Ladies, Nawabshah on Sunday.
SHC points notices to federal, provincial legislation officers for 22nd
He additional argued that the PMC Admission Laws, 2020-2021 framed by the council underneath the act had been issued with none lawful authority and had no authorized impact and maintained that the notification issued on Sept 24 by the PMC for withholding the admission course of within the province was extremely vires to Part 18 of the 2020 Act.
The counsel sought permission to permit the college in query to proceed the admission course of and the entry take a look at as per schedule and in addition argued that after promulgation of 18th Modification, training had develop into a provincial topic.
However, the lawyer for the scholars, Jibran Nasir, argued that the entry take a look at being performed by the provincial admission committee on Oct 18 as per the Pakistan Medical & Dental Council Admissions Laws, 2020 was with none lawful authority since these laws have been framed pursuant to the Pakistan Medical & Dental Council Ordinance, 1962 which had already been repealed by the PMC Act.
The lawyer for the PMC submitted that the feedback can be filed inside three days whereas related statements made by the deputy lawyer normal and extra advocate normal.
The bench noticed that the bone of rivalry was the alleged vires of Part 18 of the PMC Act and mentioned that admittedly, the PMC Act had been notified on Sept 24 and the primary petition to problem the legislation had been filed on Oct 10 and the entry take a look at was scheduled to be convened on Sunday.
Nevertheless, reality remained that the PMDC Ordinance had been repealed and MBBS and BDS (Admissions, Examinations, Home Job or Internship) Laws, 2020 have been additionally repealed; although counsel for universities argued that the laws of 2020 have been protected regardless of repealing the guardian legislation, it added.
The bench additional mentioned it was a well-settled exposition of legislation that the validly legislated legislation remained in discipline except it was struck down however the operation of legislation couldn’t be suspended as an interim measure.
“In 2020 Act, National Medical Authority has been established to conduct a single admissions test being a mandatory requirement for all students seeking admission to medical or dental under-graduate programs anywhere in Pakistan with a further rider that no student shall be awarded a medical or dental degree in Pakistan who has not passed the MDCAT (Medical and Dental College Admission Test) prior to obtaining admission in a medical or dental college in Pakistan. The letters of law is clear that admitting university (petitioner No. 1) cannot conduct any entry test under the new Law,” it added.
The bench noticed that the grounds raised by the lawyer for universities with regard to the vires of the legislation required consideration and consideration. But when at this stage the entry take a look at was allowed to be performed by admitting college, it might have critical repercussions and in addition create multiplicity of proceedings, hardship and uncertainty and due to this fact so as to defend and safeguard the curiosity of all such college students it might be within the curiosity of justice to postpone the entry take a look at reasonably than permitting it on Oct 18.
“However as an interim measure, the admitting university shall postpone/defer the entry test which is scheduled to be conducted on 18.10.2020 till further orders of this court and all applicants shall be notified through print and electronic media as well as website of NTS,” it concluded.
Printed in Daybreak, October 17th, 2020