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Official Citation: 2025 SHC 3342
Court / Jurisdiction: Sindh High Court
Petitioner: Const. P. 479/2025 (D.B.) Sindh High Court, Circuit at Hyderabad - Umaiz Kamal Shaikh and others (Petitioner)
Ruling Summary: This decision was rendered by the Sindh High Court, officially reported as 2025 SHC 3342. In this matter between Const. P. 479/2025 (D.B.) Sindh High Court, Circuit at Hyderabad - Umaiz Kamal Shaikh and others (Petitioner) and the Respondent, the court adjudicated key questions of statutory construction, procedural regularity, and legal precedent under Pakistani law.
Core Holding: The honorable bench evaluated governing statutory provisions and judicial authorities to establish the rights of the parties, delivering the binding reasoning set out below.
COURT: Sindh High Court CASE NO: Const. P. 479/2025 (D.B.) Sindh High Court, Circuit at Hyderabad CITATION: 2025 SHC HYD 3342 PARTIES: Umaiz Kamal Shaikh and others (Petitioner) ORDER DATE: 24-NOV-25 BENCH: Hon'ble Mr. Justice Muhammad Saleem Jessar, Hon'ble Mr. Justice Nisar Ahmed Bhanbhro(Author) A.F.R: Yes ------------------------------------------------------------ HIGH COURT OF SINDH, CIRCUIT COURT, HYDERABAD C.P. No.D-478 of 2025 [Waliullah Khilji & another versus Province of Sindh & others] C.P. No.D-479 of 2025 [Umaiz Kamal Shaikh & others versus Province of Sindh & others] C.P. No.D-565 of 2025 [Dr. Sidratul Muntaha versus Province of Sindh & others] Before: Mr. Justice Muhammad Saleem Jessar Mr. Justice Nisar Ahmed Bhanbhro.
C.P. No.D-478 of 2025 Petitioners Waliullah and another Through Barrister Unaib Kamal, advocate
C.P. No D-479 of 2025 Petitioners Umaiz Kamal Shaikh & others Through Barrister Unaib Kamal, advocate
C.P. No. D-565 of 2025 Petitioner Dr. Sidratul Muntaha Through Mr. Irfan Khaskheli, advocate
Respondent No 3 PMDC Through M/s. Zeeshan Abdullah, Adnan Abdullah and Shoaib Khoso, advocates Province of Sindh Through Mr. Rafique Ahmed Dahri, Assistant Advocate General, Sindh.
Federation of Pakistan Through Mr. Shamsuddin Rajper, Deputy Attorney General, for Pakistan Date of hearing & Decision: 30.10.2025. Date of Reasons: 24.11.2025
J U D G M E N T
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NISAR AHMED BHANBHRO, J – We propose to decide the fate of the captioned petitions through this single order as in all the petitions common questions of law and facts are involved. The petitioners seek directions to Isra University/ Respondent No.2 to forward their names to Pakistan Medical and Dental Council (PMDC) /Respondent No.3 for registration, for issuance of Provisional Licenses enabling Petitioners to undertake House Job program, and grant of full license as General Practitioner Doctors in the field of Dentistry.
2. Learned counsel for the petitioners contend ed that the petitioners are meritorious students who were admitted to the Bachelor of Dental Surgery (BDS) undergraduate degree program for the academic year 2020-21 at ISRA University (Respondent No. 2). Subsequently, a dispute arose regarding the threshold of passing marks in Medical & Dental Colleges Admission Test (MDCAT), which was raised before the Principal Seat by invoking original jurisdiction in Suit No. 584 of 2021 and others. Learned Counsel submits that, following the dismissal of the injunction application in the said Suit by the learned Single Judge, of this Court, High Court Appeals were preferred, during which an interim order was passed directing the respondents not to take any coercive action. Learned Counsel maintains that under the Pakistan Medical and Dental Council Act, 2022, and the Medical and Dental Undergraduate Education (Admissions, Curriculum, and Conduct) Policy and Regulatio ns, 2023, Respondent No. 2 is under a legal obligation to intimate the particulars of the students to the Council upon completion of admissions, successful completion of the study program, and passing of the final examination, as prescribed under Sections 20(3) and 20(4) of the Act, as well as Regulation No. 18 ibid. Counsel further contends that, after the successful completion of the study program and passing of the final examination, the petitioner s, were awarded degree and are presently engaged in house job. He emphasizes that, in accordance with Regulation No. 18 of the aforementioned Regulations, the University and the affiliated College are required to provide the verified list of students on the PM&DC online portal within 10 days of the students' qua lifying their final professional examination. This is essential for enabling students to obtain a Provisional License. Although such intimation was sent to the PMDC
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(Respondent No. 3), there has been no acknowledgement or action taken by the Council, leadi ng to the filing of this petition to seek registration of the petitioner’s name with the PMDC and to secure the grant of Provisional License. Learned Counsel argued that High Court Appeals were still pending and interim orders were under operation , the Pet itioners cannot be denied the right to registration and licensing. He relied upon the case of Hafiz Husnain Raza Shah and 2 others Vs Bahauddin Zakria University through Vice Chancellor and 2 others (2011 MLD 741), Farmanullah Khan Vs Controller of Examina tion Karachi University (2010 MLD 85). He lastly prayed to allow this Petition.
3. On the other hand, learned counsel for Respondent No. 3 (PMDC) has opposed these petitions by contending that the same are not maintainable, as the Petitioners have failed to establish any violation of their fundamental rights. It is argued that the Petitioners were granted conditional admission, subject to the outcome of pending litigation, and their failure to meet the statutory criteria for registration cannot be construe d as a breach of their constitutional rights. It is further argued that the Petitioners’ admission was explicitly made contingent upon the final decision in HCA Nos.133 –137 of 2021, which are still pending adjudication; therefore, they cannot claim an unconditional right to registration. There exists no statutory or regulatory obligation on PMDC to register students who do not fulfill the prescribed eligibility criteria. Admittedly, the Petitioners did not qualify the MDCAT 2020–2021 as per the then -applicable passing criteria of 60% marks, which was lawfully prescribed and upheld by the competent court. Learned counsel submits that the Petitioners are also guilty of laches and delay, as they have approached this Court in the year 2025 with respect to admiss ion- related issues pertaining to the academic year 2020 –2021, without furnishing any plausible explanation for such inordinate delay. He further argues that the petitions are based on misrepresentation of facts and law, as the Petitioners have selectively relied upon the provisions of the PMDC Act, 2022 and the Regulations, 2023, while ignoring that their admission and eligibility are governed by the laws and policies prevailing at the time of their admission. The Petitioners have not demonstrated any mala fides or arbitrariness on the part of Respondent No.3, and the refusal to register them is in strict compliance with the applicable law and regulatory framework. It
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is contended that these petitions are frivolous and constitute an abuse of the process of t he Court, filed merely to circumvent the statutory scheme and pending judicial proceedings. PMDC is under no obligation to register students admitted under conditional arrangements, particularly when the underlying condition, i.e., the decision of the Cour t, remains unfulfilled. He prayed for dismissal of the Petitions. He relied upon the case of Khyber Medical University and others Vs Aimal Khan and others (PLD 2022 Supreme Court 92), University of Malakand through Registrar and others Vs. Dr Alam Zeb and others (2021 SCMR 678), Justice Muhammad Farrukh Irfan Khan, Vs. Federation of Pakistan and others (PLD 2019 SC 509), Marie Stopes Society Vs Federation of Pakistan and others (2022 CLC 880).
4. Learned Assistant Advocate General and Learned Deputy Attor ney General for supported the case of Petitioner s. They argued that it was failure of PMDC to take action against concerned university for admitting the students, at this stage PMDC cannot refuse to register Petitioners as General Practitioners once they obtained BDS degree.
5. Respondent No 2 ISRA University despite of service, chose to remain absent, the petitions were heard and decided with the assistance of Learned Counsel for the parties.
6. Heard arguments and perusal the material available on record.
7. The crux of the controversy in volved in the captioned petitions is that petitioners claim that they were duly qualified Dental Surgeons having passed Bachelor’s Degree in Dental Surgery (BDS) from Isra University Hyderabad, thus PMDC was under a duty to register them as General Practitioners by granting a full license to practice . PMDC controverts this assertion on the ground that the Petitioners were admitted to BDS Program in Isra University in violation of PMC Act 2020 and rules framed thereunder , therefore, PMDC was not under obligation to accord registration to petitioners to practice as doctors.
8. Scanning of the material on record transpired that the Petitioners were admitted in BDS Course by Isra University in its academic session 2020 –
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2021. The admissions in Medical Institutions for that particular year were regulated through Pakistan Medical Commission Act 2020 (PMC Act), promulgated on September 24, 2020 through Act No X XXIII of 2020. PMC, Act envisaged to establish Pakistan Medical Commission (the Commission), a body corporate to oversee the matters related to medical education. Besides other jobs and functions to perform the Commission was to oversee the admission and registration of students, accreditation of degree programs and recognition of medical and dental institutions. Sub – Section 2(d), 2(e), 2( f) and 2(g) of Section 8 of PMC Act being relevant provisions are reproduced below:
8. Powers and functions of the C ouncil. (1) The Council shall have the functions and powers of general supervision over the working of the Commission and shall hold the President and Vice -President of the Council, National Medical and Dental Academic Board, the National Medical Authority , committees and other authorities accountable for all its functions. The Council shall have all powers not expressly vested in any other authority or officer by any other law where such powers not expressly mentioned in this Act are necessary for the performance of its functions. (2) Without prejudice to the generality of the foregoing powers and notwithstanding anything contained in any other law for the time being in force, the Council shall have the following functions and powers, namely:— (a) ……………………… (b) ………………………. (c) ……………………. (d) to approve accreditation standards, for under -graduate medical and dental programs of study based in Pakistan; (e) to approve curriculum and scope of under -graduate medical and dental programs of study in Pakistan leading to general registration of the graduates of those programs to practice medicine and dentistry in Pakistan; (f) to frame regulations for conduct of admissions in medical and dental colleges and examinations to be conducted by the Commission and approve the examination structure and standards of the medical and dental colleges admissions test, national licensing examination
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and the national equivalence board examinations as proposed by the national medical and dental academic board including the standards of revalidation of licences to practice medicine or dentistry in Pakistan; (g) to grant recognition to medical and dental institutions in Pakistan wh ich train or grant or both train and grant medical and dental post graduate qualifications and to the qualifications granted by these institutions leading to registration of the graduates of those programs to practice medicine in Pakistan as specialists; (h) to approve the assessment of international under -graduate medical programs and institutions for registration of their graduates in Pakistan;
9. By exercising the powers conferred under section 8(2)(f) PMC in its meeting dated 17.11.2020 approved and promulgated admission regulations for academic session 2021 . PMC fixed a minimum threshold of 60 % passing marks in MDCAT for admission in any medical and dental colleges of Pakistan. Regulations 1 & 2 being relevant are reproduced below for the ease of reference:
1. These Regulations shall be applicable to all private and public medical and dental college admissions in Pakistan for the 2021 session only. 2. Any student seeking admission in any medical or dental college shall mandatorily be required to h ave passed the MDCAT examination held by Pakistan Medical Commission. The Passing Marks for the MDCAT examination shall be 60 %. Provided the mandatory requirement of having passed the MDCAT examination shall not apply to any student admitted on a quota seat on the basis of a government scholarship program for foreign students under bilateral agreements with other countries subject to such student not entitled to apply for a Full License to practice in Pakistan.
10. This regulation annoyed the medical institutions as during the said particular year, few candidates secured 60 % above marks who were
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adjusted in public sector medical colleges. The private medical colleges took this issue with Government of Sindh and PMDC with a request to reduce the passing marks threshold. PMDC refused to accede such request , however Government of Sindh placed the issue of passing marks in admission to Medical and Dental Colleges before its cabinet meeting dated 02.12.202, and decided to relax the passing percentage from 60 % as fixed by PMDC to 50 %, cabinet decision was notified by the Health Department vide notification dated 7 th December 2021. PMDC challenged Sindh Government’s decision through Constitution Petition No D – 949 of 2022 before this Court, matter was placed before Learned Full Bench of this Court. The notifications issued by the Sindh Government were set aside vide order dated 18.03.2022, thus the issue regarding minimum threshold of 60 % passing marks in MDCAT came to a rest.
11. PMDC’s admission criteria fixing 60 % minimum score in MDCAT test was challenged before this Court under its erstwhile original jurisdiction by the aspirant students in Suit No 584 of 2021 (Re – Deepak Kumar and others Vs. Federation of Pakistan & others), Suit No 731 of 2021 (Re – Ali Naveed Shaikh and others Vs. Federation of Pakistan and others), an NGO in Suit No 586 of 2021 (Social Responsibility Organization Vs. Federation of Pakistan and others), Medical Institutions in Suit No 585 of 2021 (Re – Fatima Jinnah Dental College and others Vs. Federation of Pakistan and others ), and Suit No 750 of 2021 (Re – ISRA University Vs. Federation of Pakistan and others). Learned Single Bench of this Court dismissed the applications under order XXXIX Rule 1 & 2 CPC seeking restraint orders against the admission regulations through consolidated order dated 02.07.2021, it would be conducive to reproduce paragraph 24 of the or der which depicted a picture of today’s situation faced by the petitioners:
“24. As a result, I have no hesitation to hold that the plaintiffs have failed to make out prima facie arguable case for grant of interim injunctive relief as prayed for. Neither balance of convenience lie in their favor nor they shall suffer any irreparable loss and injury in case of refusal of injunction. However, in case interim injunction is granted, it is the defendant No 2 who shall be facing more inconvenience inasmuch as th at the students who have failed in the
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MDCAT would have got admissions and they would have been enrolled with PMC, while private dental colleges would have collected fees from the plaintiffs/ students, and if at the said stage, suit would have been dismissed, the net result would be a complete Chaos for the PMC relating to enrollment and registration of Plaintiffs/ students. The case law relied upon by the learned Counsel for the plaintiffs being on distinguishable facts hardly advance the case of the plaintiffs.”
12. It appears from the record that High Court Appeals (H.C.A) No 133 of 2021 (Re – Fatima Jinnah Dental College and others Vs. Federation of Pakistan and others), H. C. A No 134 of 2021 (Re – Fatima Jinnah Dental College and others Vs. Federa tion of Pakistan and others), H. C. A No 135 of 2021 (Re – ISRA University Vs. Federation of Pakistan and others), H.C.A No 136 of 2021 (Re – Ali Naveed Shaikh and others Vs. Federation of Pakistan and others), and H.C. A. No 137 of 2021 (Re – Deepak Kumar and others Vs. Federation of Pakistan & others) were filed against order dated 02.07.2021 of learned Single Bench before this Court under its civil appellate jurisdiction. The appeals were heard on 12.08.2021 by learned Division Bench of this Court and restraining orders were passed against PM DC, operative part of the order reads as under:
Let pre admission notices be issued to the respondents as well as DAG to be served through first three modes for 17.08.2021, when reply/objections shall be filed with advance copy to the learned Counsel for the appellants. However, till next date of hearing, respondents shall not take any adverse action against the appellants pursuant to impugned order passed by the learned Single Judge on injunction applications.
13. As to the latest status of High Court Appeals, Mr Zeeshan Abdullah Learned Counsel for PMDC filed certified True Copy of the last case diary dated 20.10.2025, wherefrom it transpired that the appeal filed by ISRA University was still pending and on last date of hearing some of the appeals were dismissed as withdrawn and rest of the appeals were adjourned to 18.11.2025 at the request of learned Counsel for parties for want of further instructions. It is pertinent to notice that interim orders passed on 12.08.2021
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were still in field, whereby PMDC was restrained from taking adverse action against the appellants in the said appeals.
14. Record evidenced that Petitioners were admitted to BDS degree program subject to the outcome of High Court Appeals, which even finds mention in the admission letters issued to Petitioners and other students. PMDC did not follow the High Court Appeals properly and remained silent on admissions given by University, which prima facie violated the admission regulations. PMDC was assigned a sacred task of oversight on medical and dental institutions. Order dated 12.08.2021 passed by Learned Division Bench restraining PMDC from taking any adverse action against the University did not mean that PMDC was precluded from taking any action to correct the wrong done by the appellants. “Adverse Action” means any action that negatively affects, or reasonably may negatively affect, the rights, status, standing, benefits, or opportunities of an individual or entity any action that requires administrative corrections and did not materially affect rights or benefits of any party were not “Adverse Actions”.
15. Adverting to the case of Petitioner s, scanning of the record reveal ed that Petitioners appeared in the Medical College Admission Test (MDCAT) for session 2020 -2021 to get admission in Medical Colleges. The minimum threshold to p assing marks was fixed as 60% of the total test score, which petitioners failed to achieve. Petitioners applied for admission in BDS course in Isra University Hyderabad, they were admitted by University with a rider that the admissions were subject to the decision of this Court in High Court Appeals No 133, 134, 135 of 2021. Isra University (Respondent No 3) through letter dated 15.07.2021 informed President of PMDC regarding admission of Petitioners and sought registration in BDS Course, letter accompanied the list of students admitted in University and details of marks secured in MDCAT. It was informed to PMDC that 24 students who secured less than 60 per cent minimum threshold marks were also admitted by University.
16. It further transpired from record that PMDC on receipt of information from colleges / universities for admission of students in contravention of Admission Regulations initiated disciplinary proceedings against the defiant colleges, which admitted students in BDS Course in violation of Admission
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Regulations. The disciplinary proceedings culminated through order dated 10.01.2022, with an observation that the applications submitted by colleges for regularization of admission through letter dated 15.07.2021 shall be treated as withdrawn. No penal action was taken on the basis of statement of colleges that fees was not charged from the st udents. It will be conducive to reproduce the operative part of the order dated 10.01.2022 passed by PMDC in disciplinary proceedings against the defiant institutions including ISRA University, which reads as under:
In view of above facts, provisions of law and the judgments of the August Supreme Court and the submissions / statements made by the parties, the show cause notice proceedings are disposed of in terms of following: a. In view of the judgment of the August Supreme Court of Pakistan and the statements of the Colleges that they shall abide by the said judgment, ensuring no MDCAT failed student is admitted, the applications for regularization as submitted by colleges on 15.07.2021 are to be treated as withdrawn/ disposed of and further in view of the Colleges statement that no fees was received from these students, no further penal action shall be taken against the Colleges. The authority is further directed to register the students initially submitted by the Colleges as admitted who have qualified the MDCAT and fulfill all other requirements. b. The Colleges may apply for regularization of admission of students who did not apply to any dental college and were admitted in BDS program in session 2021 and upon such applications being made the authority shall forthwith process the same for regularizations provided that these students have the necessary merit to fill such vacant seats.”
17. From the perusal of above order, it is crystal clear that the Respondent Isra University had undertaken before PMDC that no MDCAT failed student was admitted in the University. However, it evidenced from record that the students admitted in BDS Course in contravention of PMDC’s admission regulations were neither informed of such decision by PMDC, nor their admissions were withdrawn/ cancelled by the University , contrary they
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were retained as students and on completion of required course they were awarded degrees in University Convocation held on 25th January 2024.
18. It is an admitted position that the petitioners did not qualify for admission to MBBS and BDS Course as they failed to secure required minimum score of 60 % in the MDCAT test. They were admitted in the BDS Course in violation of law. Section 18 of the PMC Act required that MDCAT test was a mandatory requirement for admission, with a further warning that “No" degree shall be awarded to a student who has not passed the MDCAT test prior to obtaining admission. F or the sake of convenience Section 18 is reproduced as under:
18. Medical and dental colleges admissions tests (MDCAT).—(1) The Authority shall conduct annually on a date approved by the Council and as per standards approved by the Board a single admissions tes t which shall be a mandatory requirement for all students seeking admission to medical or dental under -graduate programs anywhere in Pakistan. (2) No student shall be awarded a medical or dental degree in Pakistan who has not passed the MDCAT prior to obtaining admission in a medical or dental college in Pakistan: Provided that such requirement shall be mandatory for all students who have been enrolled in medical or dental under -graduate programs in the year 2021 and thereafter. (3) The admission to medical or dental programs conducted by public colleges shall be regulated as per the policy of the Provincial Governments strictly on merit and admission to a private college shall be in accordance with the criteria and requirements stipulated by the priva te college at least one year in advance of admissions including any additional entrance test as may be conducted by a private college subject to any conditions imposed by the relevant university to which such college is affiliated: Provided that the marks obtained by a student in the MDCAT conducted by the Authority shall constitute a minimum of fifty percent of the weightage for the purposes of admission in the public colleges.
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19. The above provisions of law debarred the Medical Institutions from admitting any student who failed the MDCAT. It was obligat ory upon PMDC to effectively check that the University has admitted the students in accordance with law or not but it did not happen and the students/petitioners continued their studies and completed their degrees which were accordingly issued by the University.
20. It further transpired from the record that Isra University through letters dated 21.09.2022 and 02.11.2022 (available at page 34 9 & 351 of petition)…
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