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Official Citation: 2026 SHC 910
Court / Jurisdiction: Sindh High Court
Petitioner: Const. P. 1698/2026 (D.B.) Sindh High Court, Karachi - Aman Ali & others (Petitioner)
Ruling Summary: This decision was rendered by the Sindh High Court, officially reported as 2026 SHC 910. In this matter between Const. P. 1698/2026 (D.B.) Sindh High Court, Karachi - Aman Ali & 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. 1698/2026 (D.B.) Sindh High Court, Karachi CITATION: 2026 SHC KHI 910 PARTIES: Aman Ali & others (Petitioner) ORDER DATE: 21-APR-26 BENCH: Hon'ble Mr. Justice Muhammad Saleem Jessar, Hon'ble Mr. Justice Nisar Ahmed Bhanbhro(Author) A.F.R: Yes ------------------------------------------------------------ IN THE HIGH COURT OF SINDH AT KARACHI
Constitution Petition No. D-1698 of 2026 (Aman Ali & others Vs. Federation of Pakistan & others)
PRESENT: Mr. Justice Muhammad Saleem Jessar Mr. Justice Nisar Ahmed Bhanbhro
Petitioners, Aman Ali & : through Mr. Ayan Mustafa Memon, Others Advocate
Respondent No.1 : through M/s Zeeshan Abdullah PMDC and Adnan Abdullah, Advocates
Respondent No.2 : through Mr. Muhammad Tariq SMBBM University Abbasi, Advocate
Respondent No.3 : through Mr. Rao Faisal Ali, Advocate
Respondent No.4 : through Mr. Muhammad Ahmed, Asstt. Attorney General for Pakistan
Date of hearing : 09.04.2026
Date of Judgment : 21.04.2026
JUDGMENT
Nisar Ahmed Bhanbhro, J.- Through this petition, petitioners claim following relief(s):-
i. Declare that any decision, requirement or threshold by the Respondent No 1 requiring a minimum of 55% marks in Medical and Dental College Admission Test (MDCAT) examination (for Bachelor of Medicine, Bachelor of Surgery [MBBS]) and 50% marks (for Bachelor of Dental Surgery [BDS]) for admissions in academic year 2025 -26 is illegal, arbitrary, discriminatory, violation of the
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MAK/PS Petitioner's legitimate expectation and in violation of Article(s)s 9, 10-A, 18 and 25 r/w 4 of the Constitution of Islamic Republic of Pakistan, 1973 and is liable to be struck down;
ii. Direct the Respondent No. 2 to proces s the Applications for Admission submitted by the Petitioners and all other candidates who appeared in the MDCAT for the academic year 2025 -2026 for admission in the MBBS program for the academic intake of 2025 - 2026 and to allow them to join classes for MBBS;
iii. Restrain the Respondents their subordinates, agents and/or assigns from implementing the minimum 55% (for MBBS) and 50% (for BDS) MDCAT threshold for MBBS and BDS in take for the academic year of 2025-2026.
iv. Suspend the requirement of 55% minimum scor e in MDCAT examinations for the 2025 -2026 intake in the MBBS program and allow the Petitioners to join classes for the MBBS program in the session commencing in 2025-2026;
v. Direct the Respondents their subordinates, agents and/or assigns to reduce the MDCA T threshold for the academic intake of 2025 - 2026 and/or provide similar exemption as provided to students last year vide Letter dated 13.05.2025 issued by Respondent No 1;
vi. Grant any further, better and/or consequential relief to the Petitioner in the facts and circumstances of the case;
vii. Grant cost.”
2. Mr. Ayan Mustafa Memon, learned counsel for the petitioners, contended that the notification dated 29th July, 2024 (the ‘impugned notification’), issued by the Pakistan Medical & Dental Council ( ‘PMDC’), whereby a minimum requirement of 55% marks in the Medical & Dental College Admission Test ( ‘MDCAT’) was prescribed for admission to MBBS programme and 50% marks for admission to BDS programme, which is discriminatory, arbitrary, illegal, disproportionate and violated Article 8, 9, 10- A, 18 & 25 of the Constitution of Islamic Republic of Pakistan, 1973 (the ‘Constitution’). He further contended that the PMDC, being a statutory
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MAK/PS regulatory authority entrusted with the regulation of admissions to medical and dental colleges in Pakistan, is under a legal obligation to prescribe and maintain eligibility criteria strictly in accordance with the prevailing standards of education, and in a manner that is fair, reasonable, and consistent with the mandate of the law . Developing his submissions, learned counsel argued that under Section 17 of the Pakistan Medical & Dental Council Act, 2022 (the ‘PMDC Act’ ), the PMDC is mandated to regulate admissions in medical colleges; however, the statute does not pr escribe any minimum threshold of passing marks. He further submitted that the petitioners, despite having secured more than 50% marks, were rendered ineligible for admission to medical colleges on account of the stringent and onerous criteria imposed by the PMDC. It was contended that such irrational and ill -conceived eligibility criteria resulted in a substantial number of seats in MBBS and BDS programme remaining vacant for want of eligible candidates. Learned counsel further contended that Shaheed Mohtar ma Benazir Bhutto Medical University, Larkana, being the admitting university for the Province of Sindh, had formally requested PMDC to reduce the minimum eligibility criteria for admission to MBBS and BDS programme from 55% and 50% to 45% and 40% respectively; however, no decision has been taken by the PMDC on the said requisition. He emphatically argued that the inaction on the part of the PMDC is arbitrary and has the effect of jeopardizing the academic future of the petitioners as well as other similarl y placed aspirants seeking to pursue the medical profession. He, therefore, prayed that this Court may be pleased to exercise its constitutional jurisdiction to direct the respondents to suitably revise and reduce the admission eligibility criteria for med ical and dental colleges, in the manner prayed for.
3. Mr. Zeeshan Abdullah, learned counsel for respondent No.1, PMDC, contended that PMDC is a regulatory authority to oversee admissions in MBBS & BDS courses . He contended that in terms of Section 47 of th e PMDC Act, the admission policy for Session 2025 -26 was formulated, wherein the PMDC the minimum eligibility criteria for admission in the MBBS and BDS Programme was fixed as 55% and 50% MDCAT marks. He further contended that the MDCAT was held, wherein a bout 14300 candidates from the province of Sindh secured 55% and above marks. He contended that, as against 4400 seats allocated for the MBBS programme in the public and private colleges of the Province of Sindh 14300 eligible candidates were available. He contended that in Public Medical Colleges all the seats on merit and self-financing scheme
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MAK/PS were duly filled and about 284 seats in MBBS programme were lying vacant in Private Medical Colleges due to the exorbitant fees . He further submitted that PMDC has prescribed the eligibility criteria for admission to MBBS and BDS programme, and that any relaxation or reduction in such criteria would have the effect of undermining and diluting merit. He further contended that availability of vacant seats was no ground to grant reduction in admission eligibility criteria. He, therefore, prayed for dismissal of the petition.
4. Mr. Muhammad Tariq Abbasi, learned counsel for Respondent No.2 contended that Shaheed Mohtarma Benazir Bhutto Medical University is admitting university and has allowed admission in the Medical and Dental Colleges of province of Sindh as per PMDC criteria.
5. Learned Assistant Attorney General for Pakistan adopted the arguments advanced by the learned counsel appearing on behalf of PMDC.
6. Heard arguments and perused the material made available before us on record.
7. The crux of the controversy involved in the present lis is that the petitioners appeared in the MDCAT, passed and secured over 50% marks, yet they were ineligible for admission in MBBS programme offered by Private Medical Colleges due to minimum eligibility threshold of 55% MDCAT marks. The petitioners, therefore, seek a reduction in the minimum eligibility criteria fixed by PMDC, in order to secure admission in MBBS or BDS programme, by meeting the criteria laid down by PMDC. The respective provincial governments are burdened to conduct MDCAT for purposes of admission to medical and dental colleges . Section 17 of the PMDC Act, envis ages that n o student shall be awarded medical or dental degree unless he passed MDCAT prior to obtaining admission. Section 17 is reproduced hereunder for ease of reference:-
“17. Medical and Dental Colleges Admission Tests (MDCAT) .- (1) Each province, Gilgit -Baltistan and Islamabad Capital Territory as per the policy and standards approved by the Provincial Governments and Federal Government respectively shall conduct on the dates approved by the Council, a single admission test based on the intermediate or equivalent syllabus for all students seeking admission in
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MAK/PS undergraduate programs both in public and private medical and dental colleges and universities, (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 the mandatory requirement of MDCAT shall not apply to students seeking admission on a special program seat predefined exclusively for foreign students and on the seats reserved for overseas Pakistanis. (3) The admission to medical and dental programs conducted by public and private colleges and universities shall be regulated as per the policy and standards of the Federal Government through Minister-Incharge. Provincial Government and Gilgit Baltistan strictly on merit. However, private colleges may take any additional entrance test subject to any condition imposed by the relevant university to which such college is affiliated; Provided that the marks obtaine d by a student in MDCAT conducted by the province shall constitute a minimum of fifty percent of the weightage for the purposes of admission in the public and private colleges. (4) The MDCAT result of one province shall be valid for the entire country and shal l be valid for a period of three years. Each province, Gilgit -Baltistan and Islamabad Capital Territory shall give preference to the students having domicile of their respective province or territory as the case may be. (5) Admissions on vacant seats shall be decided by the respective provincial government and respective authority in case of Gilgit-Baltistan and Islamabad Capital Territory.”
8. From the perusal of the above provision s of law, it is obvious that admission in medical colleges will be subject to pas sing the MDCAT. The admission to medical and dental programme offered by public and private colleges and universities shall be regulated in accordance with the policy and standards formulated by PMDC with prior approval by the Federal Government through M inister-in-charge. However, private colleges may take any additional entrance test, subject to any condition imposed by the relevant university to which such college is affiliated. It is relevant to state that under the statute, the passing criteria, viz-a-viz percentage of passing marks in the
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MAK/PS MDCAT, have not been provided; however, it is left at the discretion of the Government and PMDC to formulate such policy and fix a minimal eligibility threshold for admission in MBBS and BDS programme.
9. Section 47 of the PMDC Act, empowers PMDC to make statutory Rules & Regulations to carry out the purposes of the Act, which includes to maintain minimum standards of course of study, admission etc. Section 47 reads as under:-
“47. Power to make rules and regulations. (1) The Council may, with the prior approval of the Federal Government through Minister-in-charge, make statutory rules and regulations generally to carry out the purposes of this Act and, without prejudice to the generality of this power, such rules and regulations may provide for- (a) the management of the property of the Council and the maintenance and audit of its accounts; (b) the summoning and holding of meetings of the Council, the times and places where such meetings are to be held, the conduct of business there at; (c) the powers and duties of the President; (d) the mode of appointment of the executive committee and other committees, the summoning and holding of meetings and the conduct of business of such committees; (e) code of practice and ethics for the medi cal and dental practitioners; (f) the appointment, powers, duties and procedures of medical and dental inspectors; (g) the conditions and procedure for maintenance, compilation and publication of the register of medical and dental practitioners and of health c are providing facilities and /their minimum requirements and the fees to be charged for registration and, if necessary, for opening of sub -offices or v branches for this purpose; (h) the procedure for any inquiry under sub -section (1) of section 44; and (i) any matter for which under this Act provision may be made by rules and regulations. (2) Notwithstanding anything contained in sub -section (1), the Council shall make statutory regulations which may provide for
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MAK/PS (a) prescribing a uniform minimum standard of course s of training for obtaining graduate and post -graduate medical and dental qualifications to be included or included respectively in the First and Third Schedules; (b) prescribing minimum requirements for the content and duration of courses of study as aforesaid; (c) prescribing the conditions for admission to courses of training as aforesaid; (d) prescribing minimum qualifications and experience required of teachers for appointment in medical and dental institutions; (e) prescribing the standards of examinations, me thods of conducting the examinations and other requirements to be satisfied for securing recognition of medical and dental qualifications under this Act; (f) prescribing the qualifications, experience and other conditions required for examiners for profess ional examinations in medicine and dentistry antecedent to the granting of recognized medical and dental and additional medical and dental qualifications; (g) registration of medical or dental students at any medical or dental college or school or any university and the fees payable in respect of such registration; (h) laying down criteria including university affiliation, conditions and requirements for recognition and continuation of recognition and for grant of status of a teaching institution of institutions and organizations under this Act and on all connected matters of inspection of medical and dental institutions for recognition and continuation of recognition and inspection of examinations in these institutions and fee for such inspections; (i) terms and conditions of service for all employees appointed under section 9 which shall be Gazette notified; (j) election of members of the Council; and (k) prescribing a uniform minimum standard for continuous professional development for registered graduate and post-v graduate medical and dental practitioners.”
10. From a bare perusal of the above provision s of law, it is abundantly clear that PMDC may frame rules and regulations subject to the prior
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MAK/PS approval of the Federal Government through the Minister -in-charge. PMDC has framed regulations governing admissions to medical and dental colleges in Pakistan for current academic session , titled the “Medical and Dental Undergraduate Education (Admissions, Curriculum and Conduct) Policy and Regulations 2025. ” It appears that the Policy and regulations were framed without obtaining prior approval from the Federal Government, as is required under Section 47 of the PMDC Act (If prior approval is obtained, no such record was made available to the Court). However, since the r egulations pertain to admissions in medical and dental colleges, and it has been noted that a large number of students have already been admitted for the academic session 2025 -226, any adverse action or decision taken in respect of the regulations may ultimately affect the future of the admitted students and that too without any fault on their part. Accordingly, PMDC is directed to exercise due caution and care in future and to ensure that all rules and regulations are framed only after obtaining prior approval from the Federal Government.
11. PMDC made Regulations and Admission Policy 2025 and made it public through a public notice in the month of July 2025. Admission Policy provides a schedule to conduct MDCAT test by provincial governments and admission process in public and private medical colleges with a clear deadline. We have carefully examined the provisions of the Admission Policy, 2025, which lays down an exhaustive and complete mechanism for admissions in MBBS and BDS Programme. F or the sake of c onvenience, Regulations 3, 4 and 5 are reproduced herein under:-
3. Eligibility for Admission. - (1) Any person seeking admission in any undergraduate medical or dental college in Pakistan shall be eligible having fulfilled the following mandatory criteria; a) have passed the MDCAT examination; b) obtained a Higher Secondary School Certificate qualification ("HSSC") or an equivalent 12th grade qualification recognized in Pakistan and having obtained a minimum of sixty percent (60%) marks therein, or a higher percentage as may be notified by the Pakistan Medical and Dental Council; and c) passed the mandatory subjects of biology and chemistry. The student may opt to qualify either physics or mathematics in the examination of the Higher Secondar y School Certificate or an equivalent 12th grade qualification recognized in Pakistan:
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MAK/PS Provided that the mandatory requirement of MDCAT shall not apply to students seeking admission on a special program seat predefined exclusively for foreign students and on the seats reserved for overseas Pakistanis. Such students shall qualify SAT-II with minimum score of 550 in each subject or a foreign MCAT examination or UCAT examination with 50% marks in the subjects as prescribed in Regulation 3 (c). Provided furthe r that Expatriate candidates having Intermediate/HSSC/A-Level with mandatory subjects of Chemistry and Biology are eligible for MBBS / BDS admissions on specified seats and the rest as optional subjects. Provided further that a student admitted on a forei gn seat shall pay the fee as a foreign student regardless of any change in status of such student during the program of study. (2) The general principle to be applied shall be that admissions to medical colleges should be concluded prior to admissions of dental colleges, and admissions to the public sector colleges are concluded prior to admissions to private colleges.
Public Medical Colleges 31st December each year Private Medical Colleges 31st January each year Public Dental Colleges 15th February each year Private Dental Colleges 28th February each year
4. Admissions Process. - (1) Each province, Gilgit-Baltistan and Islamabad Capital Territory as per the policy and standards approved by the Provincial Governments and Federal Government r espectively shall conduct on the dates approved by the Council, a single admission test based on the intermediate or equivalent syllabus for all students seeking admission in undergraduate programs both in public and private medical and dental colleges and universities. (2) National University of Medical Sciences (NUMS) shall be the Admitting University responsible for admissions in all Armed Forces - Administered medical/dental colleges / institutes. NUMS admission test shall be considered only for admission in all Armed Forces Administered medical/dental colleges.
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MAK/PS (3) The government / admitting university shall formulate the merit and admission criteria for the public colleges as under:
MDCAT 50% weightage F.Sc. (Pre-Medical)/HSSC/Equivalent 40% weightage SSC/Matriculation / Equivalent 10% weightage
(4) The government may create category of seats such as disabled candidates, backward areas/under -developed districts and reciprocal / go od will seats etc. in the public colleges for purposes of admission in accordance with applicable law. Subject to Regulation 3 (1) (c) no category shall be created which permits a student who has not qualified the MDCAT or admitted in violation of the fundamental principle of merit as mandatorily applicable under Article 37(c) of the Constitution of the Islamic Republic of Pakistan, 1973. (5) The final criteria for merit and admission including all category of seats shall be publicly announced by or before 1 st September of each year. A copy of the criteria and categories shall be provided to the Council by 1st September of each year. (6) If any public scholarship or funded program requires seats to be allocated for its program in public colleges, the public authority responsible for such program shall seek and obtain the allocation of the required seats from the respective government or authority in respect of public colleges administered by them by or before 1st August of each year. All quota s and special seats shall be adjusted within the approved seat allocation by the Council for the institution. (7) Self -Finance/Overseas Pakistanis/ Dual Nationals (Expatriates) and Foreign Quota Seats.- (a) No candidate shall be eligible for Self -Finance f Overseas / Dual Nationals (Expatriates) quota seats in the public and private medical and dental institutions unless, he holds a permanent foreign nationality or is an overseas (being a Pakistani citizen permanently resident in a foreign country) Pakistani, Green Card Holder, Iqama Holder, Maple Card Holder and who has studied and passed Intermediate/FSc/HSSC 12th grade examination or equivalent from within or outside Pakistan, accompanied by an equivalence certificate issued by the Inter Board Committee
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MAK/PS of Chairmen (IBCC). Chemistry and Biology are mandatory subjects, and applicants must have secured at least 60% marks in their intermediate or equivalent qualification. (b) Students admitted under this quota must complete their entire period of study within the same quota/category. (c) The maximum annual tuition fee chargeable to candidates admitted under the Overseas Pakistani category shall be upto USD 15,000/-; though the institutions may charge up to USD 20,000 if duly justified by the institution and approved by the Council. The fee for students admitted under this quota will be collected in foreign exchange and to this effect. Each student will also be required to submit an undertaking or bond affirming that the terms and cond itions of admission under this quota will remain applicable and unchanged throughout the entire course of study. This fee mechanism shall not apply to the 5% Federal Government special category seats (such as under the Pakistan Technical Assistance Pro gram [PTAP] etc. which will continue to operate under the prevailing terms and conditions as decided by the Government). (d) There shall be a 15% Quota for Self -Finance / Overseas Pakistanis / Dual Nationals (Expatriates) which shall be applicable to both public and private medical and dental colleges within their approved seat allocation purely on merit. The admissions under this category shall be managed by the respective admitting universities. (e) In terms of admission requirements, applicants are required to have taken one of the following: the MDCAT Examination, the SAT-ll (with a minimum score of 550 in each subject), the Foreign MCAT Examination, or the UCAT Examination with at least 50% marks in the required subjects. (f) There shall be a 10% Quota for Foreigners, which will be shared equally (05% each) between public and private Colleges. (i) The 05% quota of public Colleges shall be allocated over and above the relevant PM&DC approved seat allocation. This allocation is reserved for foreign nationals under special category seats defined exclusively for Federal Government programs established through bilateral agreements, such as the PTAP. Admissions under this quota shall be managed by the concerned public sector admitting universities.
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MAK/PS (ii) The eligible candidates include foreign nationals and expatriates who have formally renounced their Pakistani citizenship by submitting a declaration on Form "X". Applicants must hold a Higher Secondary School Certificate (HSSC), FSc, or A-Level qualification, obtained either within or outside Pakistan, and an equivalence certificate issued by the Inter Board Committee of Chairmen (IBCC). Chemistry and Biology must be mandatory subjects, and candidates must have…
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