HYDERABAD, Nov 11: The Sindh High Court, Hyderabad circuit bench, on Friday issued notices to vice-chancellors of Sindh University and Liaquat University of Medical and Health Sciences, Sindh chief secretary and the additional advocate-general on a petition filed by the project director and principal of the Bhutta Medical College, Faisalabad, Prof (Dr) M. Jamil Bhutto, seeking to hold examination of the BMC students enrolled during period when it was affiliated with the Sindh university.
The BMC was affiliated with the University of Sindh after payment of Rs1 million as registration fee.
The college had issued prospectus and admitted a number of students in the first professional MBBS classes.
According to the petitioner’s case, the SU conducted first professional MBBS part-I annual examination of students, announced results in April 2000 and issued certificates.
The bi-annual examination 2000 of the BMC and other colleges, affiliated with the SU were held and results were announced and subsequently the second professional MBBS annual and bi-annual examinations were conducted.
Results were announced and certificates were issued.
He said that all of a sudden the SU through letter dated November 15, 2000 withdrew BMC’s affiliation which was challenged before syndicate but it kept it pending and the petitioner filed a constitutional petition before the high court.
He said that through letter dated March 31, 2001, the SU recalled de-affiliation order thus the petition became infructuous. The university did not conduct students’ examinations and some students filed a constitutional petition, seeking their adjustments in admissions but court ordered that it was not maintainable.
The BMC was invited to a syndicate meeting as the SU could not find any reason to delay examination of students but through malafide order dated July 11, 2002 it de-affiliated the BMC without any reason which was again challenged before the high court.
The petition was dismissed as de-affiliation was upheld on December 17, 2002 by the court, ruling that the petitioner could obtain consent from the University of Punjab and recognition from the Pakistan Medical and Dental Council and directed the SU to provide help to students who joined the BMC during period of affiliation.
On December 22, 2003, the high court principal seat ordered the PMDC and the SU with consent while hearing a petition of some students to issue NOCs, enabling them to get admission in any recognized medical college.
The verdict was challenged by the PMDC before the apex court which modified impugned order, observing that consent would be availed by petitioner students and not by anyone else who had identical grievance.
The petitioner approached the SU and LUMHS, requesting them to save future of students but they did not pay heed and SC order were not complied with.
He informed that on September 8, 2001 the SU sent a letter to the LUMHS to conduct examinations of the BMC with other colleges affiliated with it and the SU and the Sindh government stated before the court that BMC students would be admitted to the LUMHS.
The college approached the Punjab University for the NOC and was informed that in view of University of Health Sciences Lahore Ordinance 2002, the Punjab University was no more relevant.
Similarly, the PMDC avoided recognition, quoting the Lahore High Court order of October 30, 2002 which held that the PMDC had no concern with affiliation matters.
The position was brought to notice of respondents and it was assured that the BMC’s affiliation would be decided in review application.
He said he had been pursuing the matter with ministry of health but it was not clear which authority had to decide affiliation issue while the LUMHS refused to grant admission to students and through letter informed the BMC that it had no concern with the matter.
He said that all advanced teaching facilities for MBBS classes were available in college and the PMDC was paying regular visits to BMC while SU’s affiliation committee expressed satisfaction over the BMC.
He said the VC of the Sindh University during his visit note spoke of appreciation of college and satisfaction.
He said that students who studied during period of affiliation were suffering due to malafide conduct of respondents.
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