KARACHI: The Sindh High Court on Wednesday declared the Pakistan Medical Commission Act, 2020 intra vires of the Constitution, but restrained the Pakistan Medical Commission (PMC) from holding the medical and dental colleges admissions test (MDCAT), scheduled to be held on Nov 15, in the absence of a validly constituted National Medical Authority (NMA) and National Medical & Dental Academic Board (NMDAB).

A two-judge bench headed by Justice Mohammad Ali Mazhar ruled that the competent authority must appoint the NMA and NMDAB within 15 days and then the latter would review the formulation of the examination structure and standards for the MDCAT and announce common syllabus within 10 days.

Thereafter, the MDCAT shall be conducted through NMA on a date to be fixed and announced afresh at the earliest and all applicants who had applied to the PMC and their forms were accepted before the cut-off date will be allowed to attend the test with their same registration and admit cards, if any, issued to them, it added.

The bench observed that no head of the NMA had so far been appointed; though the NMA had been vested various powers under the PMC Act including the powers to conduct all examinations and admission tests on a date approved by the Medical and Dental Council (MDC) and as per standards approved by the NMDAB while admittedly the NMDAB had also not been constituted and therefore, MDCAT cannot be conducted.

It further said that under the act and regulations the provincial governments were permitted to make a policy to cater to the domicile condition for admission to public and private medical institutions not inconsistent with the PMC Act, 2020.

SHC orders establishment of National Medical Authority and Medical & Dental Academic Board within 15 days

The bench also directed the MDC to make regulations to set criteria for admission priority in the scenario where marks/score of applicants are equal.

The bench, through a common order, disposed of a set of petitions filed by the provincial medical universities, some students and others after a conflict of approach between the federal and provincial authorities over the admission policy.

The five public medical and health universities of Sindh moved the SHC against the PMC Act and sought permission to allow the entry test as per schedule while some pre-medical students and others filed petitions against the admission test scheduled to be conducted in Sindh.

The bench in its order ruled that Sections 4 and 18 of the PMC Act, 2020 were intra vires of the Constitution and PMC Admission Regulations 2020-2021 had also been framed with lawful authority and all previous regulations repealed in terms of Section 50 of PMC Act 2020.

“As a consequence thereof, the concept/scheme of holding MDCAT by Admitting University ceased to exist as provided under Section 18 of the PMC Act, 2020,” it added.

It further said that counsel for the PMC had shown the bench two different syllabuses and thereafter, the PMC had taken the plea that for the MDCAT a common syllabus had been compiled so that no topic should be outside of any existing recognised syllabi of the FSC in Pakistan and on Oct 23 the MDC had announced the same.

However, the bench observed that despite asserting and claiming a common syllabus to all, an announcement had been made, which created uncertainty and confusion in the minds of all applicants.

According to the announcement, now the question paper of the MDCAT would be subject to a process of objection and review, which ironically compromises its very structure and standard and is sure to open a floodgate of challenges subsequent to the MDCAT throughout the country, it added.

The bench said that such unreasonable and non-standard conditions amount to creating hardship and distress amongst the candidates and putting their future at stake unless proper syllabus was made out by the competent authority with due deliberation and examination of FSC syllabus of the country to make out a common syllabus without any doubts so that candidates should not be asked to fill objection forms in the examination hall.

It further said that the NMA had not been constituted as per Section 15 of PMC Act. However, the counsel for the PMC produced copies of seven office orders issued by the president of the MDC for temporary appointment of members of the NMA, said to be in exercise of powers under sub-section (2) of section 51 of the PMC Act.

The bench ruled that the appointment of temporary members to the NMA was beyond the scope and compass of the said transitory provision.

The lawyer for PMC submitted that the NMDAB was not constituted because the Sindh government had failed to nominate its representative.

However, the bench said that it was beyond comprehension since the law clearly stated that no act done by the board shall be invalid on the ground merely of existence of any vacancy in or any defect in the constitution of the board and a minimum of two-thirds of members of the board shall form a quorum.

Published in Dawn, November 12th, 2020