ORDER
SHEET
IN THE
HIGH COURT OF SINDH BENCH AT SUKKUR
C. P. No. D – 1157 of 2019
C. P. No. D – 1689 of
2017
C. P. No.
D – 1287 of 2020
|
Date
of hearing |
Order
with signature of Judge |
Present.
Mr. Justice Aftab
Ahmed Gorar &
Mr.
Justice Fahim Ahmed Siddiqui
Date
of hearing: 20.01.2021
M/s Sajjad Hussain Kolachi, Irshad Hussain Dharejo,
Nisar Ahmed Bhanbhro and Sundar Khan Chachar, Advocates for petitioners.
Mr. Riaz Ahmed Soomro, Advocate for Pakistan Medical
Commission along with Muhammad Anwar Alam, Officer Incharge, PMC.
M/s Shafi Muhammad Chandio, Addl. A. G. and Mehboob
Ali Wassan, AAG a/w Professor Asadullah Mahar, Principal, Khairpur Medical
College, Khairpur.
Mr. Ali Raza Pathan, Assistant Attorney General.
O R D E R
FAHIM AHMED SIDDIQUI, J. The petitioners are House Job students of final year,
who have completed their education from first to final profession of MBBS in Khairpur
Medical College, Khairpur. Khairpur Medical College is a project of Health Department,
Government of Sindh and the same was inaugurated by the then Chief Minister Sindh
on 13.12.2012. It was initially established as Constituent Medical College of Liaquat
University of Medical Science (LUMS) but now it is affiliated with Peoples
University of Medical & Health Science for Women, Shaheed Benazirabad. The college
was inspected and recognized by erstwhile Pakistan Medical & Dental Council
(hereinafter referred to as ‘PMDC’), which has now been replaced with Pakistan
Medical Commission (hereinafter referred to as ‘PMC’) after promulgation of Pakistan
Medical Commission Act, 2020. After initial inspection, the aforementioned
medical college was recognized by the erstwhile PMDC and hundreds of students
are studying in the said college who have been admitted through proper entry
test conducted for the admission in Government Medical Colleges in Sindh. All these
students have been selected on merit and petitioners have completed their
education up to the final profession i.e. 5th year MBBS. It is
pertinent to mention that inspection of Khairpur Medical College was conducted
on 02.03.2015 and 24.03.2015 and such report of the Inspection Team was
discussed in the Executive Committee of PMDC in its 139th Council
meeting, as such, the erstwhile PMDC sent letter to Ministry of National Health
Services, Regulations and Coordination, Islamabad to declare / notify Khairpur
Medical College in first schedule for registration. It is also note-worthy that
Khairpur Medical College is not only affiliated with a Medical University but being
a Government funded college, it is financially sound with approved SNE and PC-I
regarding its establishment. Besides teaching faculty and infra-structure,
college is linked / attached with 500 bedded Taluka Head Quarter Hospital as
well as Lady Willington Hospital, Khairpur and Kauser Mother and Child
Hospital, Khairpur. Meaning thereby that the medical students studying in Khairpur
Medical College are having opportunity of getting first-hand practical clinical
knowledge by their scheduled visits in the above-mentioned hospitals under
instructions and guidance of highly qualified consultants and professors. It is
notable that the petitioners during five years of their studies have paid huge
amount towards tuition and examination fees and other ancillary charges and have
incurred considerable amount on books and other study materials; besides they
have already paid registration fees to PMDC (now PMC) through their college. Now
it has come to the knowledge of the petitioners that after five years of their
studies, respondents, especially respondent No.5 i.e. PMC is not recognizing /
registering Khairpur Medical College and the earlier recognition has been withdrawn.
As such, they are highly aggrieved from such action and their future becomes bleak,
hence this petition.
2. After
notice, the respondents have filed their comments. It is worth noting that official
respondents No.1 to 3 are supporting the case of the petitioners but erstwhile PMDC
has created hurdles on account that the College has admitted the students in
violation of some regulations. However, it is worthwhile to reproduce the
decision of Executive Committee of PMDC in its meeting held on 12.04.2018,
which is as under:
"The Executive Committee considered
the report for comprehensive inspection of Khairpur Medical College, Khairpur Mirs.
The Executive Committee was informed that the comprehensive inspection of Khairpur
Medical College, Khairpur Mirs was conducted on 5th December, 2017 whereby
the college had scored 574.875 marks and letter for comments/observations was sent
to the college vide PM&DC letter dated 13th March, 2018.
Reply of comments letter received from the
college vide their letter dated 27th March, 2018 was perused.
The Executive Committee was apprised
that college had done admission in violation of PM&DC Regulations. College will
be warned not admit any new students illegally, in violation of PM&DC rules.
The Executive Committee after perusing
the inspection report, recommendations made the inspection team and having deliberate
discussion unanimously decided that the college will be inspected exactly after
six months to see if deficiencies pointed out by the convener have been rectified.
In case of non-compliance by the college, it will be recommended for closure".
3. Now,
PMDC has been replaced by PMC / respondent No.5 and apparently the new body,
the PMC is keen to resolve the matter which is evident from the comments
furnished by PMC, which are as under:
3. That it is apparent that the
college post the 2015 approval of recognition by PM&DC admitted students,
of which some are the petitioners. The complete file of the college since 2012-2015
subsequent to its initial setting up and affiliation with the university and recognition
processes undertaken by PM&DC has been reviewed by the Commission. Prima facie
there appear to be inconsistencies in the record which require an in-depth consideration
by the Authority and the Council of the Commission to ensure the inconsistencies
are properly addressed as well as the consequential rights of the petitioners and
other students are not adversely affected.
4. That in view of the afore-stated
position it is humbly submitted that the council would seek this Honourable
Court's indulgence to grant it a short time to review the matter and call and
hear the college as well consequent thereto provide its determination for this Honourable
Court's consideration including the students interests as put forth by the petitioner.
The Commission undertakes to complete its review of the matter by or before 30th
December 2020 under all circumstances.”
4. Today,
when the matter was taken up, it has been pointed out by some of the petitioners
present in Court that the name of their college is very much available at the
website of PMDC as recognized Public Medical College / Institution. This fact
is verified through the I.T department of this Court from website of PMC having
web address, as https://www.pmc.gov.pk/Colleges/PublicMedicalColleges.
It is also mentioned in the website of PMC that application of the students of Khairpur
Medical College Sindh is pending for registration with them.
5. In
the existing position of affairs, which is quite evident that PMC has acknowledged
and recognized the existence of Khairpur Medical College and their own record
indicates that the application for students’ registration is not only pending
with them but the status of those applications is also mentioned on their website.
Muhammad Anwar Alam, representative of PMC, present in Court, has sought time
but it is noteworthy that in their comments filed on 17.12.2020, they have
sought time till 30.12.2020 to place the matter before the Council for a
detailed review and consideration. The prayer clause of their comments is
reproduced as under:
“In view of the above, it is humbly prayed
that the Pakistan Medical Commission may be granted time till 30th December 2020
to place the matter before the Council for a detailed review and consideration and
submit a detailed determination of all issues including the interests of the Petitioner
students.”
6. It is
noteworthy that after cutoff date given by PMC in their comments / reply, no
action has been taken so far. We consider that it is a high time to save the
future of the petitioners by giving some strict directions. As such, we hereby
direct the PMDC, as under:
i.
Issue a provisional recognition/registration of Khairpur Medical College
immediately stating therein that deficiencies are required to be done with, within
six months, by the administration of Khairpur Medical College while Secretary
Health, Government of Sindh as well as Chief Secretary, Province of Sindh are
directed to provide necessary resources to do away the deficiencies pointed out
by the PMC within given period of time.
ii.
PMC is directed to issue provisional registration/license to the petitioners
immediately so that they may complete their house-job and as soon as they will furnish
requisite formalities along with completion certificate of their house-jobs, PMC
is required to issue permanent registration / license to all the qualified
doctors of Khairpur Medical College irrespective of the fact that they have
filed petition before this Court or not.
iii.
Secretary Health, Secretary Finance and Chief Secretary Sindh are
directed to make arrangements immediately for payment of stipends to the petitioners
and other house-students, as per law / rules.
The respondents are directed to furnish compliance report within 15 days.
All
the petitions stand disposed
of in the above terms. Office
is directed to place a signed copy of this order in all the captioned connected
petitions.
__________________
J U D G E
__________________
J U D G E
N.M.