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W.P.No.3011-2014

Stereo. H C J D A 38.
Judgment Sheet
IN THE LAHORE HIGH COURT AT LAHORE
JUDICIAL DEPARTMENT

W.P.No.3011-2014
JUDGMENT

Date of hearing:

19.06.2014

Appellant, Mst. Alia Mehboob, represented by: Ch. Shahid Iqbal, Advocate
Respondent, University of Sargodha represented by:

Mian Shahid Nazeer,

Advocate.

IJAZ-UL-AHSAN, J. Through this single order, we

propose

to

decide

W.P.No.3011-2014,

W.P.No.3705-2014,

W.P.No.3549-2014, & W.P.No.1243-2014 as common questions

of law and facts have been raised through these petitions.
2.

Briefly

stated

the

facts

of

the

case are that the

petitioners, who are children of expatriate Pakistanis, were granted

admission in Sargodha Medical College in December/January,
2014. They deposited the requisite fee and other charges on being
issued fee challans. However, on 28.01.2014, they received office
order No.UOS/SMC/513 dated 28.01.2014 from the Principal,
University of Sargodha informing them that their provisional
admission

had

been

cancelled

confirmation of their seats by

Education

on

account of non-

respondent No.5

Higher

Commission, Islamabad. The petitioners have

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W.P.No.3011-2014

approached this Court complaining that the action of respondent

No.4 whereby he has cancelled the admission of the petitioners
was unlawful and without just cause.
3.

The learned counsel for the petitioners submits that the

admission of the petitioners could not have been cancelled in view

of the fact that they were selected on merit and after due process.
The petitioners deposited fee, hostel charges and fees payable to
Pakistan Medical & Dental College (PM&DC) and University of
Health Sciences. For all intents and purposes, they were bona fide
students of the college and their admission could not have been
cancelled arbitrarily and without just cause. It is further submitted
that the undertaking relied upon by respondent No.5 was never
signed and the stance taken by the university that their admission
was only provisional subject to confirmation of their seats by the
Higher Education Commission is against the record. It is submitted
that acts of respondent No.5 are violative of fundamental rights of
the petitioners, which envisage equal opportunity of education for
all classes of people. It is finally argued that the petitioners were
condemned unheard. They were never given any opportunity of
placing their version on record and the action of respondent No.5 is
violative of the principle of audi alteram partem.
4.

Notice was issued to the respondents as well as the Higher

Education Commission, who have entered appearance and filed

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W.P.No.3011-2014

parawise comments. PM&DC and University of Health Sciences

are also represented. The stance taken by the Higher Education
Commission is that for the purpose of admission to medical
colleges, seats have been allocated for foreign students/dual
nationals (children of expatriate Pakistanis). Twenty seats were
allocated to Sargodha Medical College, University of Sargodha.
However, there is a specific procedure provided for admission
against such seats. He has explained that the procedure is that the
University of Health Sciences advertises availability of seats
through Pakistan Embassies/High Commissions in different
countries and also on its website inviting application for admission
against such seats. The applications are placed before a committee
constituted by the University of Health Sciences which processes
the applications and makes recommendations to different medical
colleges to grant admission to such candidates. It is emphasized on
behalf of the Higher Education Commission that this is the only
mode and manner adopted for the purpose of admission against
seats reserved for foreign/dual nationals/expatriate Pakistanis. He
argues that medical colleges have no power or lawful authority to
grant admission directly to any foreign student/dual national
against a reserved seat unless he/she is recommended by the
aforesaid committee. Any admission directly granted by any
medical

college/university

against

expatriate/dual

national

Pakistanis against seats reserved for them is unlawful and the

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W.P.No.3011-2014

Higher Education Commission/PM&DC and the University of

Health Sciences are justified in refusing to register such students or
permitting them to appear in the examination. In this regard, the
learned counsel has placed on record various relevant notifications,
exchange of correspondence and criteria for admission of foreign
students/expatriate/dual national Pakistanis under Self Finance
Scheme for the session 2013-14. All the said documents have been
examined and substantiate the stance taken by Higher Education
Commission.
5.

On facts, it is pointed out that the Higher Education

Commission had recommended twenty students against twenty

available seats at Sargodha Medical College under the Self Finance
Scheme. The said twenty students have since been admitted and
adjusted in the college. In case, the petitioners were granted
admission by Sargodha Medical College directly without due
process and without undergoing the scrutiny of the Admission
Committee of the Higher Education Commission, the admissions
are patently illegal. This is a dispute between the students and the
medical college. As far as the Higher Education Commission as
well as University of Health Sciences is concerned, their rules and
regulations do not permit recognition of such admission.

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W.P.No.3011-2014

6.

The learned counsels for the University of Health Sciences

as well as PM&DC have adopted the arguments of the learned

counsel for the Higher Education Commission.
7.

The learned Deputy Attorney General, who is also present in

this matter, has also supported the stance taken by the Higher
Education Commission.
8.

We have heard the learned counsel for the parties at

considerable length and examined the record with their assistance.

9.

The only question requiring determination by this Court is

whether the petitioners, who were admittedly granted admission by

the Sargodha Medical College, University of Sargodha directly and
without involvement of University of Health Sciences or the
Higher Education Commission, can claim registration and to be
treated as validly admitted students. On hearing the learned
counsel for the parties and examination of record, our answer to
the said question is in the negative for the following reasons:-

i)

In Pakistan, admissions to medical and dental

colleges are covered by a notification issued
by

the

Government

of

Punjab,

Health

Department on 30th July, 2013, which spells

out the criteria for such admissions. In order to
accommodate foreign students/dual nationals

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W.P.No.3011-2014

and children of expatriate Pakistanis, some

seats in each medical college have been
allocated under the Self Finance Scheme in the
policy.

The

students

wishing

to

study

medicine/dentistry in a medical institution in

Pakistan

are

required

to

submit

their

applications in the prescribed form to the

Higher Education Commission through the
Pakistan Embassy or in case of applicants of
Pakistan origin, such applications can be sent
directly to the Higher Education Commission.
The Higher Education Commission processes
the

applications

to

determine

merit,

compliance with the requirements, educational

backgrounds and equivalence of qualifications
etc. This exercise is undertaken by the
Admission Board. The Admission Board
recommends students for admission through
the Higher Education Commission, which
sends their names to different medical/dental
colleges on payment of fee and other charges.
Students granted admission on the aforenoted
criteria are registered by the University of
Health Sciences for the purpose of sitting for

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W.P.No.3011-2014

examination. This is the only methodology

followed by the Higher Education Commission
and the University of Health Sciences for
admission of foreign students under selffinance scheme because such admissions are
undertaken without meeting the criteria and
fulfilling

the

requirements

which

are

mandatory for local students for admission on

general merit which includes sitting for a
centralized admission test;
ii)

The

Higher

Education

Commission

had

allocated 20 seats to Sargodha Medical

College where foreign students could be
admitted on its recommendations under the
self-finance scheme. It is common ground
between the parties that the petitioners never
applied to the Higher Education Commission
for admission under the self-finance scheme.
In fact, pursuant to an advertisement published
by Sargodha Medical College, they submitted
their applications directly and were admitted in
the college without fulfilling the criteria spelt
out

above

by

the

Higher

Education

Commission. It may further be noted that the

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W.P.No.3011-2014

Higher Education Commission recommended

the names of twenty students who had applied
by following the prescribed procedure. The
Admission Board recommended their names
and they were granted admission against
twenty seats allocated to Sargodha Medical
College. Therefore, there were no available
seats under the self-finance scheme against
which the petitioners could be adjusted;
iii)

It is clear and obvious that Sargodha Medical

College granted admission to the petitioners
incompetently and in violation of the rules and
regulations without involving the Higher
Education Commission, Pakistan Medical &
Dental Council or University of Health
Sciences. These are the three regulatory bodies
responsible to regulate admissions and other
educational activities involving the provision
of medical and dentistry education in Pakistan.
After having granted admissions to the
petitioners, an effort was made on the part of
Sargodha

Medical

College

to

get

the

admissions regularized. This was refused by

the Higher Education Commission for valid

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W.P.No.3011-2014

reasons. On such refusal, the petitioners, who

claim to have attended classes for about a
month, were informed that their admissions
which were provisional in nature, had been
cancelled and that they would be entitled to
refund of all their fee under the rules. We have
asked the learned counsel for the petitioners to
explain how the admission could be justified
when the procedure prescribed by the Higher
Education Commission has not been followed.
He has not been able to assign a cogent or
logical response;
iv)

Medical and dental education is a sensitive and

highly

competitive

field

of

professional

education. For the said purpose, it is highly

regulated and an effort is made to allow only
the best students to be admitted in the medical
and dental colleges, who possess the requisite
academic

background,

merit,

skill

and

aptitude. These factors are tested at various

stages through a centralized testing mechanism
put in place by the University of Health
Sciences

and

the

Higher

Education

Commission. However, at the same time, in

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W.P.No.3011-2014

order to accommodate foreign nationals, dual

nationals and expatriate Pakistanis, a limited
number of seats have been allocated to
different medical colleges where such students
can be accommodated without going through
the process in place for local students.
However, even in that category where foreign
students are allowed admission on self-finance
basis, Admission Board has been set up which
makes an effort to judge, confirm, verify and
assess the merit of each student, who applies
to it and on the basis of its assessment makes a
recommendation for admission against seats
allocated for foreign students in the selffinance

scheme.

The

petitioners,

have,

however not gone through the process either

for local students or for foreign students on
self-finance basis. They have bypassed the said
mechanism and have been granted admission
by the University of Sargodha on its own
volition on its understanding that it will
manage to get their admission regularized after
they are admitted to Sargodha Medical
College. An effort was made to get their

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W.P.No.3011-2014

admission regularized which did not succeed

for the reason that there was no room for post
facto regularization by the Higher Education
Commission. We, therefore, find that the
admission granted by Sargodha Medical
College to the petitioners without involving the
Higher Education Commission and getting
applications routed through the mechanism put
in place, was illegal and violative of the
relevant rules and regulations.
v)

We are mindful of the fact that the

petitioners may not be at fault in this situation.

Sargodha Medical College appears to be
directly responsible for the plight of the
students who find themselves in a difficult
situation of cancellation of their admissions.
We have asked the learned counsel for
the Higher Education Commission to seek
instructions if the relevant rules, regulations
and laws provide a procedure whereby
admission of student of this category can be
regularized. He has categorically stated that no
such procedure is provided under the law. He

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W.P.No.3011-2014

further submits that the Higher Education

Commission is advertising availability of seats
in different medical colleges for the next
academic year in July, 2014. The petitioners
may be encouraged, if they are interested, to
apply to the Higher Education Commission for
the next academic year. Their applications will
be processed by the Admission Board and in
case they meet the merit, they will be
accommodated against the available seats. He
has, however, vehemently stated that besides
the fact that there is no procedure, rule or
regulation that may help the petitioners in
getting their admissions regularized, any
exception would set a bad precedent in a
matter, which is highly sensitive and relates to
medical and dental education which should
not be subjected to any exception of this
nature. The practice of making exceptions are
likely

to

be

misused

by

unscrupulous

institutions.
In view of our findings that the students
are not at fault and the admissions in question
were granted by Sargodha Medical college in

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W.P.No.3011-2014

violation of the rules, of which they were

aware, and had made an effort to rectify the
wrong by approaching the Higher Education
Commission seeking regularization of the
admission of the students, we hold that
Sargodha

Medical

College

has

acted

recklessly, irresponsibly and in violation of the

rules. We, therefore, direct the Higher
Education Commission to inquire into this
matter and take appropriate action against
those responsible for the aforenoted illegal
actions which have caused hardship to the
petitioners. At the same time we direct the
Higher Education Commission to issue parent
warnings and place the requisite information
on its website to facilitate foreign students,
dual nationals and expatriate Pakistanis, who
wish to join medical/dental institutions on selffinance basis to familiarize themselves of the
admission requirements and procedures. It
must

be

highlighted

colleges/universities

cannot

that
grant

medical
direct

admissions and that such admissions if granted

are not recognized by the Higher Education

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W.P.No.3011-2014

Commission or the University of Health

Services. The only channel for such admission
is

to

apply

through

Higher

Education

Commission. Further the Higher Education

Commission being regulator should be vigilant
and strict. It should take prompt action against
medical and dental colleges which grant such
illegal and unlawful admissions.

10.

In view of the foregoing, we direct the Sargodha Medical

College to refund the entire fee alongwith hostel charges recovered

from the petitioners within fifteen days of this order, to the
students who shall be at liberty to file fresh applications as and
when the same are invited by the Higher Education Commission
for admissions to the next academic session for seats reserved for
foreign students under the self-finance scheme. If such applications
are received, the Higher Education Commission shall process the
same in accordance with law.
11.

For reasons recorded above, these petitions fails and are

disposed of in the aforenoted terms.

(ABID AZIZ SHEIKH)

JUDGE

(IJAZ UL AHSAN)
JUDGE

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W.P.No.3011-2014

Approved for Reporting.

*Aamer