KARACHI, Feb 24: A division bench of the Sindh High Court allowed about 31 expelled students of the Sindh Medical College on Monday to appear in their ensuing fourth and final year MBBS examinations, pending disposal of their petition.
The students were expelled by the SMC as illegalities and irregularities were detected in the admission procedure after an inquiry into complaints by the governor’s inspection team and Karachi University.
Appearing for the students, Advocate Raja Qureshi, submitted before the bench, comprising Justice Sarmad Jalal Osmany and Wahid Bux Brohi, that the petitioners were not associated with the inquiry which could not be undertaken by the inspection team. It was the job of the KU academic council under the Universities Act.
Having pursued medical education for four or five years, they could not now be deprived of their intellectual property and barred from taking the final exams, they said.
The counsel submitted that during their stay in the college, the petitioners were treated as regular students and were issued fee receipts, mark-sheets, admit cards and all other documents necessary for and incidental to pursuing their education in the field of medicine.
They have already invested four precious years of their academic life besides financial resources in the legitimate expectation of obtaining a bachelor’s degree in medicine.
When they were about to enter the final phase of their education, they and some other students had been told to go home without completing their education because their admission was not in conformity with the prescribed procedure.
Mr Qureshi submitted that the petitioners had a right under the law and the norms of natural justice to be associated with the inquiry. They should have been issued show-cause notices and afforded an opportunity to clear their position.
The petition was referred to Chief Justice Syed Sayeed Ashhad after the announcement of the interim order as another division bench is due to consider identical petitions moved by other expelled students on Tuesday.
Meanwhile, a university official said that in the light of the court directive, University of Karachi allowed seven candidates (six male and one female, whose examination forms were not received from the SMC) to appear in their third professional (new course) MBBS examination which began on Feb 24 on the campus.
A senior official of the university told Dawn that they had received a fax message in the afternoon in this regard.
NAB REFERENCE: A three-member bench of the court, meanwhile, adjourned till March 17 hearing of a reference moved by a number of appellants against accountability courts.
The common point of law involved in the appeals filed by Abdul Rauf Qadri, Usman Faruqui and Abdul Qadir Tawakkal is that a case cannot be transferred from an anti-corruption court to an accountability court in pursuance of a letter addressed by the NAB chairman to the former.
The NAB Ordinance prescribes a formal reference by the NAB as the only mode of taking cognizance by an accountability court. A letter is no substitute for a reference.
Iqtidar Ali Hashmi, Rasheed A. Razvi and Khwaja Naveed Ahmed are appearing for the appellants. The appeals will proceed after a decision on the common point of law raised by the appellants.
The three-member bench is headed by Justice Mohammad Roshan Essani.
