April 7, 2002	Sunday	Muharram 23, 1423

KARACHI, April 6: The students, who had challenged the exclusion of their names from the IBA merit list for admission to medical colleges, have been informed that their explanation to show-cause notices have been found unsatisfactory.

The students have further been informed that the charges levelled against them have proved, and they have been disqualified from the final merit list.

This has been stated in the order (dated April 3, 2002) communicated to the appellants by Prof Dr. Tahir Mirza, acting principal and chairman of selection board, Dow Medical College.

A copy of the order made available to Dawn says that in compliance with the orders of the Sindh High Court on the constitutional petitions filed by candidates, and findings of the governor’s inspection team, they were served with a show-cause notice on Feb 28 to explain charges levelled against them with regard to cheating and tampering of documents in the entrance test conducted by the IBA.

Such an act is a clear violation of clause 23 Section-III of Sindh Medical College Act 1987/Rules of Admission, read with prospectus, including general instructions No 8/Sample Test Paper of Prospectus and Application form of MBBS and BDS for medical institutions, the order said.

After providing the appellants time to file written as well as oral explanation, their reply was found unsatisfactory.

Dr. Tariq Mirza, in his order maintained that “under the circumstances”, he was “of the opinion that the charges levelled against you are proved. Thus you are hereby disqualified from the final merit list of candidates of Karachi Centre for admission in MBBS & BDS for academic session 2001-2002”.

On Feb 27, a division bench of the Sindh High Court had disposed of 18 petitions challenging the locus standi of the IBA tests for admission to medical colleges, directing the provincial health department to issue them show-cause notice and afford them right of personal hearing before passing final orders.

The order was passed by the bench, comprising the Acting Chief Justice of the SHC, Justice Sabihuddin Ahmed and Justice Ali Aslam Jaferri, after Advocate General Sindh had placed on record an undertaking by from the health department of the provincial government.

The handwritten undertaking given to the advocate-general by the provincial additional secretary health said: “The health department has decided to give show-cause notice to the petitioners alongwith the right of hearing before passing the final order in compliance with the principles of natural justice.”

The undertaking was given after the court on a previous date of hearing raised the question as to why 35 students were denied admission to medical colleges without being provided an opportunity to be heard by an inquiry committee.

The issue was raised because to be condemned without being issued show-cause notice was a violation of the principle of natural justice.

During the course of hearing