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Suspension of Admission of Students PLJ 2019 Karachi 181 DB

PLJ 2019 Karachi 181 DB Suspension of Admission of Students

PLJ 2019 Karachi 181 DB Suspension of Admission of Students, Case Laws regarding Pakistan Medical and Dental Council Ordinance, 2019–Ss. 23, 32, 34, 35 & 39–Suspension of admission of students–First inspection–Issuance of letter for certain deficiencies–Decision of Executive Committee for fresh inspection–Filling of reply–Non-functioning of medical tribunal–Role of Court–Opportunity of hearing–Challenge to–Imposing of restrictions–Direction to–No Medical Tribunal has been constituted–Since Medical Tribunal is neither constituted nor functional at moment, therefore, we cannot non-suit petitioners on this ground unless and until Medical Tribunal is constituted and starts functioning–It is an admitted position that on receiving letter of PMDC on 21.12.2018, petitioner sent their response within a week to Ms. Sara Rubab Nasir, In charge Inspection, PM&DC on 28.12.2018 but before considering their reply, PMDC on 27.12.2018, imposed restrictions not to admit/intake students for Session 2018-19–This constitutional reassurance envisaged and envisioned both procedural standards that courts must uphold in order to protect peoples’ personal liberty and a range of liberty interests that statutes and regulations must not infringe–Right to a fair trial means that general public and commonalities can be sure that process will be fair and certain which is finest method of detaching and disengaging a guilty from an innocent thereby protecting against injustice–If PMDC wanted to take unilateral action without affording opportunity to defend petitioners, then there was no purpose of calling upon petitioners to submit reply–This is quite obvious that no inspection can be carried out at this stage due to non-availability of new council but at one fell swoop, on this administrative ground and
inability of respondents, petitioners cannot be oppressed–As a result of above discussion, we dispose of this petition with directions to petitioners to apply to PMDC for inspection within three months from date hereof and said inspection shall be conducted by PMDC in accordance with law and in due consideration of submissions of petitioners–In meanwhile admitting University is directed to send list of merits for admission in petitioner No.2 college in line with its entitlement thereto prior to Impugned Letter–Petition was disposed of.

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