Legal Principle & Question Decided

Ruling Summary: This decision was rendered by the Sindh High Court on 2023-12-31, officially reported as 2024 SHC 1252. In this matter between Muhammad Shabbir Ahmed & Ors, Bilawal, Malir Court Bar Association, JUDGMENT 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.

Full Judgment Text & Judicial Ruling

Court Name: Sindh High Court Judge(s): Salahuddin Panhwar, Amjad Ali Sahito Title:Muhammad Shabbir Ahmed & Ors, Bilawal, Malir Court Bar Association,

JUDGMENT

Reported As: 2024 SHC 1252 Result: Order Accordingly Judgment

JUDGMENT Salahuddin Panhwar, J:- The (MDCAT) Medical & Dental Colleges Admission Test, is a paper- based test conducted in our country each year for those interested students, who want to pursue the undergraduate Medical and Dental Education in Pakistan. Thus, it is a pre-requisite for admission in all the Public and Private Medical and Dental Colleges in Pakistan. However, this decision pertains to the Constitutional Petitions No.D- 4850, D - 4732, D - 4737, and D-4758 of 2024, each addressing the issues relating to the recently conducted Medical and Dental Colleges Admission Test (MDCAT) 2024, administered by the Dow University of Health Sciences (DUHS). The petitioners have questioned the transparency and legitimacy of MDCAT-2024, citing alleged incidents of paper leakage, procedural irregularities, unfair/improper conduct of MDCAT 2024, at the respective testing venues, and other substantial concerns. 2. The learned counsel for the Petitioners contended, that the Constitutional Rights of Petitioners, particularly those as enshrined under Articles 4, 9, 14, 25, and 37, have egregiously been violated due to the shocking leakage of the MDCAT-2024 examination paper, which predominantly undermines their guaranteed rights to education and equal protection under the law. It is further argued that the petitioners through their respective constitution petitions, have expressed their serious concerns regarding the integrity, and fairness of the MDCAT-2024, citing that several students scored abnormally and unprecedently high marks, suggesting the advance access to the leaked exam paper. It is further argued, that the petitioners though made attempts to resolve

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these issues by approaching the respondents, which were however ignored and never considered, necessitating the judicial intervention. The arguments are referred herewith in view of previous instances, and judicial precedents where like nature examinations were annulled and retakes were ordered by competent courts of law, due to similar issues of paper leakage, establishing a legal precedent for such an action. The learned counsels for the petitioners, have further emphasized that the unfair advantage was fraudulently and collusively obtained by those who accessed the leaked exam questions, which compromises the merit-based admission system, affecting their prospects for medical school/college admission. It has further been contended that the Respondents have a bounden legal obligation to ensure a fair examination process, as outlined in the revived PMDC Act 2022, and regulations made thereunder for such purpose. The counsels argued, that the compromised examinations, like the present MDCAT 2024, undermines the public trust and confidence in our educational system, jeopardizing the future of aspiring medical students. Given the circumstances, the learned counsel for Petitioners seeks judicial intervention and indulgence and lastly have prayed before this court for passing of order to re-conduct/re- take the MDCAT 2024 examination, to ensure fairness and integrity in the admissions process. Lastly, the learned counsel for Petitioners have prayed for allowing the Petitions-in-hand. 3. Per contra, the learned counsel for Respondent No.2 has argued that the PMDC is established under the revived PMDC Act 2022, which grants PMDC, the authority to conduct and regulate the admissions for the aspirants to the medical and dental colleges admissions, including the MDCAT. The Council's actions are in compliance of its statutory powers. The Dow University of Health Sciences (DUHS), have though conversely as per their contentions have confirmed that allegations of MDCAT paper leakage are unfounded, asserting that no evidence have been placed on record, which supports the claims of misconduct, irregularities or cheating during the examination. It has further been argued that the MDCAT 2024, was conducted proficiently, with all the precautionary measures already put in place to prevent cheating. Instances of unfair practices were promptly addressed, with 88 candidates were caught while attempting to cheat during the exam. The counsel urged the court to respect the professional judgment and expertise of the academic bodies, asserting that courts should not intervene in educational matters, unless there is clear evidence of statutory violations. The argument emphasizes that allowing the petitions based on unfounded allegations could set a dangerous precedent, enabling any dissatisfied candidate to challenge the examination results without any substantial grounds. It is next contended that the MDCAT is a mandatory requirement for medical admissions and assessments, as established by the Honourable Supreme Court. The petitioners seek a retake based on unsubstantiated claims, which could disrupt the admissions process for thousands of other students who performed well legitimately. The PMDC having adhered to all the necessary regulatory frameworks and has conducted thorough pre-examination preparations, sharing intelligence reports with universities to mitigate risks of malpractice. The counsel for PMDC highlighted the issue of the MDCAT academies, who are misleading the students, by giving them false hopes and promises of success, suggesting that these academies are exploiting the situation by encouraging the students to litigate when their expectations are not met, and remain unfulfilled. The counsel firmly argues for the dismissal of the instant petitions as they are based on baseless allegations and an attempt to undermine the institutional autonomy of the all the related educational institutions in general and specifically the PMDC's regulatory authority. 4. The learned counsel for Respondent No. 3, asserts that the petitions are based on fabricated claims and false information circulated by anonymous sources, rendering them unsuitable for adjudication under the constitutional jurisdiction of this Court. It is further argued that the petitioners have not demonstrated any infringement of fundamental or vested rights, making the petitions non-maintainable. The counsel categorically denies all the allegations levelled in the

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respective constitution petitions, labelling them as false, frivolous, and fabricated. The MDCAT 2024, was conducted on September 22, 2024, under strict security protocols, with no evidence of mismanagement or cheating reported from independent sources. The counsel emphasizes that the alleged leaked paper was significantly different from the actual exam paper, indicating it was fabricated. No proof of any leaks prior to the examination was reported or provided. The argument highlights that only a small number of candidates scored exceptionally high marks, suggesting that the exam's difficulty was appropriate and that high scores do not indicate malpractice. The counsel references a case of impersonation caught during the exam, demonstrating the university's commitment to preventing unfair practices. It is pointed out that certain documents submitted by the petitioners (Annexure "H") are not relevant to the Dow University of Health Sciences (DUHS) and should be disregarded. The counsel asserts that DUHS conducted the MDCAT 2024, in proper compliance with the legal and regulatory standards, with no violations impacting any candidates' rights. The counsel argues that allowing the constitutional petitions to proceed would unjustly delay the admissions process for many students, based on baseless allegations. The counsel concludes that the petition should be dismissed to prevent serious prejudice to Respondent No. 3 and to uphold the integrity of the examination process. 5. Pursuant to the Order issued on October 9, 2024, during the course of hearing of the aforementioned titled Constitution Petitions, with the mutual consent of all parties involved, this Court constituted a committee to investigate and assess the transparency of the Medical and Dental College Admission Test (MDCAT) 2024, which was administered in the Province of Sindh, by the Dow University of Health Sciences. The relevant paragraphs from the order Dated 9th October, 2024 are as follows: "3. Accordingly, with the consent of all respective parties, Secretary Health as well as Chief Secretary Sindh suggested that under the peculiar circumstances and looking into the allegations levelled in these petitions, a committee comprising of apprised officers may be constituted, who shall investigate the issue with regard to comparing the marks and the marks obtained in other provinces, besides irregularities pointed out at various centers. Though Secretary Boards and Education contends, that he has conducted meetings with representatives of IBA Karachi and according to IBA Karachi their capacity is not more than 10,000 students at once to conduct the test, however, test can be conducted separately in whole Sindh. 4. Accordingly, Chief Secretary Sindh is directed to notify a committee comprising of Dr. Shireen Narejo, Chairperson of the CMIT, Mr. Mureed Rahimon, Secretary of Aukaf (former Secretary Boards), President PMDC or his nominee, Director Cyber Crime, FIA Karachi including two members preferably experts of testing agency from IBA Sukkur and IBA Karachi; they shall conduct, thorough probe by fixing criminal and civil liability within 15 days from today regarding anomalies in the test. Committee would also be competent to seek assistance from any authority and to call complete record from the concerned university, who conducted the test as well as the record from the PMDC. The Committee would also be competent to record evidence if thinks fit. Committee shall also invite objections and hear the petitioners if they are interested. 5. In addition to the mandate of the committee, the Director General, Cyber Crime, FIA shall initiate inquiry/investigation as per law by an upright officer, with the help of scientific tools, and submit such investigation report to the Committee accordingly. 6. Meanwhile, keeping in view of record, contentions of the parties, and anomalies discussed above, the test result as declared by PMDC shall not be finalized and operation of result 2024 is suspended till the next date of hearing and no institute shall start process of admission on the basis of this result. 7. Besides, the Secretary Boards and Universities shall further consult with other reputed testing agencies all over Pakistan regarding the retake process, if required, or MDCAT test in future. At this

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juncture, it is pertinent to mention here, that sub-section 4 of Section 17 of Pakistan Medical and Dental Council Act 2022, depicts that the valid result will be considered for next three years, therefore, during this stipulated period, Council shall conduct meeting regarding the applicability of referred section to the present year's batch in the context of the existing provision of last two years validation of result and applicability and whether such permission/provision can be bypassed or they shall consider for amendment in the Act. 8. According to President of PMDC, at present they are not in a position to conduct tests on their own as they don't have any question bank, however, they are preparing bank for future exams/tests. 9. With regard to PMDC, the question bank and future tests, to be conducted by them, it is pointed out, that in province of Sindh upto 2021 there were 850 marks [intermediate], nonetheless, in other provinces there were 1100 marks, besides even the pattern of education is totally different in other provinces, where physics and other science subjects were divided into Paper I and Paper II, whereas, in the Province of Sindh students were required to complete all chapters in one year. Needless to say, that Bloom's Taxonomy Concept was not introduced/adopted in the province of Sindh, however, by the direction of this Court, in the last year Worthy Chief Minister Sindh approved that Science subject(s) shall be same all over Pakistan, however, Text Book Board was reluctant as they had already ordered for publication and perhaps those books may be provided in this year, hence, there is big difference of the course in Sindh province. Therefore, PMDC shall not conduct test on their own bank, that would cause serious prejudice to the province of Sindh's students and it shall be ensured that everyone has same right and quality of education to appear in the test with same syllabus particularly science subjects, however, after three years that may be applied". 6. To address the allegations presented by the Petitioners, this Court had constituted an investigative committee comprising the following members: Dr. Shireen Mustafa, Chairperson of the Chief Minister's Inspection, Enquiries and Implementation Team; Mr. Muhammad Mureed Rahimoon, Secretary to the Government of Sindh; Mr. Mujahid Akbar Khan, Director of Cyber Crime at the Federal Investigation Agency (FIA) in Karachi; Dr. Shaista Faisal, Acting Registrar of the Pakistan Medical and Dental Council (PMDC); along with experts from the Testing Agencies IBA- Sukkur and IBA Karachi. The committee was tasked with the following mandate: i. To probe into recent MDCAT regarding anomalies by fixing criminal and civil liabilities. ii. To look into various issues related to paper leakage including its timing by forensic investigation. iii. To analyses marks obtained with specific reference to lopsided results viz-viz candidates' previous academic results and / or by any specific area. iv. To invite objections and hear the Petitioners if they are interested to provide to the committee. v. The committee may refer to the order of the Honourable High Court of Sindh Karachi dated 09.10.2024 for further guidance, where necessary. vi. The committee may co-opt any officer of Government of Sindh/PMDC etc. vii. To submit its report within 15 days to the Chief Secretary Sindh. 7. Pursuant to the investigation, the Director, Cyber Crimes Wing (CCW) of the Federal Investigation Agency (FIA) Karachi, has submitted a comprehensive forensic report dated October 24th, 2024. The report reveals that the MDCAT 2024 paper was disseminated through WhatsApp groups, specifically through the "Medico Engineer MDCAT" group, on September 21, 2024, at 8:16:41 p.m. Furthermore, a forensic examination of a seized digital device recovered the deleted WhatsApp messages, which suggest that the MDCAT paper was circulated within multiple groups and to various individuals. In order to completely resolve this controversy, which has had a profound impact on all intended and interested students, their parents, and has far-reaching consequences, prior to referring to the committee's recommendations, it is prudent to reproduce herewith the

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report of the Director of the Cyber Crime Wing (CCW), which is an integral part of the committee's report, ENQUIRY NO. 2279/2024 DATED OF REGISTRATION18-10-2024

NAME OF COMPLAINANT & PARTICULARS NAME OF ALLEGED PERSONBilawal Mallah, Member Board of Directors, Human Rights Justice & Defenders Organization Dr. Sajid Mehmood Alvi, bearing CNIC 4210112922053 Dr Vinod Kumar having Whatsapp number 03441663347 Gist of Allegations: GIST OF ALLEGATIONS "A complaint was lodged regarding the leakage of the MDCAT-2024 entrance examination paper. The complaint alleges that the examination papers were disclosed and distributed illicitly prior to the exam date, potentially compromising the fairness and integrity of the examination process." Detail complaint is attached in the file. ACTION TAKEN

ACTION TAKENBrief facts are that the subject enquiry was registered on dated 18-10-2024 lodged by Bilawal Mallah, Member board of director, Human Rights Justice & Defenders Organization During the course of enquiry, the EO analyzed the matter and it came on record that, the subject number 03441663347 which distributed the MDCAT paper through WhatsApp belongs to Dr. Vinod Kumar R /o Tharparkar. 01. The Enquiry officer issued notice u/s 160 Cr.PC to the alleged Vinod Kumar who appeared before the Enquiry officer and his below mentioned digital device was seized. Vivo Y11 having IMEI 863655049152033 & 863655049152025 The digital device of the alleged was then refer to the Forensic laboratory for technical analysis. The forensic analysis report of the alleged device, it came on record. a. Above mentioned alleged Vinod Kumar is involved in sharing MDCAT leaked paper in different WhatsApp groups named as "Medico Engineer MDCAT" on date and timings 21/09/2024 8:16:41 pm. Above MDCAT leaked paper WhatsApp chats were deleted in evidentiary mobile phone and after digital forensics process, deleted WhatsApp chats were successfully recovered. b. Suspicious MDCAT leaked paper questions are shared via WhatsApp business chats in different

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following groups with their respective dates from number 923441663347 i. Medico Engineer MDCAT (5) on date and timing 21/09/2024 8:16:41 pm ii. Medico Engineer MDCAT (4) on date and timing 21/09/2024 8:16:41 pm iii. Medico Engineer MDCAT (3) on date and timing 21/09/2024 8:16:41 pm iv. Medico Engineer MDCAT (2) on date and timing 21/09/2024 8:16:41 pm v. Medico Engineer MDCAT on date and timing 21/09/2024 10:06:07pm c. Suspicious MDCAT leaked paper questions are also shared with following numbers individually from Whats App number 3441663347 i. 923091321878 on date and timing 22/09/2024 02:36:43pm ii. 923032408887 on date and timing 21/09/2024 10:39:41pm 02. During the course of the investigation, additional evidence was received implicating Dr. Sajid Mehmood Alvi, the second alleged individual, in the MDCAT paper leak. This evidence included voice notes and screenshots of messages. Based on this material, the Enquiry Officer (E.O.) sought and obtained a search warrant for Dr. Alvi's residence, as per his Computerized National Identity Card (CNIC). The address listed was House R-152, Block 15, FB Area, Gulberg Town, and Karachi. The search warrant was granted by the Honorable Judicial Magistrate (JM), 1 Central. However, upon execution of the search warrant at the specified address, it was revealed that Dr. Sajid Mehmood Alvi was not residing at the location provided. Furthermore, the family tree and Call Detail Record (CDR) of the alleged individual were obtained, which revealed additional addresses. Reconnaissance missions were carried out at these locations, but no accurate or verified address of the alleged individual could be identified and his digital devices are not yet seized. 03. Furthermore the Enquiry officer along with the JIT Member Muhammad Aamir Zaib visited Dow University and the digital devices of the prime suspects were seized and are submitted for forensic analysis which is in progress. a. Tairq Safeer Ahmed S/O Safeer Ahmed bearingst

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CINC No 4210156313087. b. Yasir Hussain Sheikh S/O Ghulam Hussain Sheikh bearing CNIC No 4220106506007 c. Azhar Ali S/O Maqsood Ahmed bearing CNIC No 4240149332979 d. Muhammad Azeem S/O Muhammad Azad bearing CNIC 4210171815175 e. Faud Sheikh S/O Abdul Ghaffar bearing CNIC 4230109771221

8. Pursuant to the findings of the report, the committee convened its meetings and undertook all necessary measures, including the utilization of digital tools by the Cyber Crime Wing (CCW) of the Federal Investigation Agency (FIA). The committee obtained evidence through various sources, which included the seizing of mobile devices and the recovery of pertinent and important data. Furthermore, the FIA issued formal notices to the individuals implicated in the paper leakage dilemma, thereby collecting substantial evidence. It was determined that the entire administration of the MDCAT examination conducted by Dow University in the Province of Sindh was compromised at all stages. Thusly the committee will continue to operate within its mandate and as tasked [see para 06 ibid] with submitting its findings and recommendations, for their proper implementation in future conduct of such examinations to the relevant authorities, without causing harassm ent to the aspirants to appear in MDCAT, especially by FIA. Nonetheless, the relevant findings of the committee are as follows: Findings 11. Based upon evidence presented by the petitioners, forensic report of FIA Cyber Crime Karachi and, detailed briefing given by the Controller of Examination, Dow University of Health Sciences, the findings of the enquiry are as follows: (i) As per forensic report of the FIA, Cyber Crime Karachi, the paper was leaked at 8:16 PM on 21.09.2024 that is about 13 hours and 44/ minutes before the scheduled time of the MDCAT-2024- 25; (ii) The evidence produced by petitioners suggests that the clue key' covering approximately 75% of the questions of the test paper was FIRST leaked at 3:09 AM on 22.09.2024, that is 06 hours and 51 minutes before the scheduled exam at 10.00 AM on 22.09.2024; (iii) The test paper leakage was done in a form which may be described as "clue key leakage" or "tutorial guide" of the actual MDCAT 2024-25 Test Paper. The leaked paper or the clue key contained the gist, substance, or central idea of approximately 75% questions from the MDCAT- 2024 Test; (iv) The review of the leaked clue key makes it profusely evident that this was not a mere guess paper. The level of detail and the accuracy of the information strongly suggest that the leaked clues were drawn directly from the test paper itself. The nature of the leak was far too precise to be considered speculative, leading to the conclusion that the so-called guess paper was, in reality, a strategic form of leakage designed to circumvent detection while still providing a significant unfair advantage to those with access to it; (v) The leaked answer key for the MDCAT 2024-25 was cleverly crafted to avoid raising suspicion, allowing it to go unnoticed. It provided greater assistance to students who had studied extensively or were naturally more talented, as they were better able to take advantage of the subtle hints embedded within the key; (vi) The Controller of Examinations stated that he reached out to the Principals of Colleges in Karachi to nominate professors/subject specialists of Physics, Chemistry, Zoology, Botany, and

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English. A total of nine professors, two each for Chemistry, Zoology, Botany and English and one for Physics, were chosen; seven of them belong to St. Joseph's College, and one each to Allama Iqbal Govt Girls Degree College and Govt College for Men, Nazimabad. Each subject specialist was tasked with preparing questions of his speciality, resulting in a databank of 422 questions for the MDCAT 2024 exam. The Controller of Examinations then personally compiled a test paper of 200 questions from this databank, following the PMC guidelines for MDCAT; (vii) The size of question bank, comprising only 422 questions, was extremely small when compared to the requirement of 200 questions for the actual test paper. The smaller question bank could lead to easier access for individuals seeking to exploit the system, as there were fewer questions to choose from, making it simpler to leak or guess the exam content. With such a small pool, there was an increased risk of predictability in the test content, which could undermine the exam's integrity and its ability to accurately assess students' knowledge and skills; (viii) The Controller compromised both the confidentiality and fairness of the testing process by assigning the task of question preparation to the same professors who were previously involved in preparation of questions for the previous two MDCAT exams. This decision was made without conducting thorough vetting or background checks on these individuals. By failing to introduce fresh contributors or implement stronger security measures, the Controller increased the risk of information leaks and conflicts of interest, jeopardizing the integrity of the examination. This lack of due diligence not only allowed for potential breaches but also raised concerns about the overall fairness and objectivity of the test preparation process; (ix) The Controller also mentioned that he collaborated with four paper setters from his department for four to five days to finalize the test paper and create five different versions of it. He stated that these paper setters had access to their mobile phones throughout the paper finalization and setting process. He expressed his full confidence in them, stating that they had worked with him for a long time, which is why he had no concerns about the leakage of the paper or its contents. Such a blind trust could be termed as recipe for disaster; (x) The Controller's failure to…

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