PESHAWAR, Feb 15: The Peshawar High Court has ruled that no professional college shall commence admission process unless it is recognised by the concerned professional controlling authority concerned.
A two-member bench comprising Justice Shehzad Akber Khan and Justice Tallat Qayyum Qureshi also ruled that the Jinnah Medical College, a private institution, should not admit any student in the MBBS unless it had been recognised by the Pakistan Medical and Dental Council (PMDC).
The bench allowed three writ petitions filed by former students of the college and directed the PMDC to regularise their registration.
According to facts of the case three students namely Nida Iqbal, Nayab Gohar and Abbas Gul got admission in Jinnah Medical College on the assurance of the administration that the said college had been affiliated with the University of Peshawar (UoP) and the recognition process with the PMDC had been in advance stages.
These writ petitioners along with other students on the assurance of the management of the college got admission in the MBBS Part I (Ist year) and subsequently all petitioners passed their requisite examination conducted by the UOP.
However, after passing examination they approached the college’s management regarding recognition of the college by the PMDC. The petitioners claimed that the management disclosed that the recognition was still under process.
In this view of the matter the students migrated to Women Medical College Abbottabad and subsequently the UoP allowed the migration of petitioners. When the Women Medical College approached the PMDC for registration of the petitioners as students of the MBBS, the PMDC refused to register them on the plea that the JMC was not recognised by them therefore the registration was refused.
Three separate writ petitions were filed by the petitioners through advocate Abdul Rauf Rohaila who challenged the decision of the PMDC for non-registration of the petitioners.
Mr Rohaila contended that the petitioners were given assurance by the management of the college that it would be recognised by the PMDC before the expiry of their academic year. He added that they paid Rs260,000 per student to the college and that the examination was conducted by the UoP and all the petitioners passed the examination.
The counsel further argued that during the process notwithstanding the non-recognition by the PMDC the college admitted several other students with the help of authority of the UoP.
He said that the Women Medical College allowed the migration to the petitioners on the ground that both the institutions were affiliated with the UoP. He added that the students had completed their 2nd year of studies from a recognised institution, therefore the PMDC had illegally refused registration to them. He contended that the JMC had defrauded the petitioners on the wrong undertaking that the college would be recognised by the PMDC.
The respondents in the petition were the management of JMC, PMDC and UoP. The counsel for the PMDC supported the non- registration of the petitioners by the PMDC arguing that it was the responsibility of the students as well as parents to have verified the status of the institution.
Following completion of arguments the bench decided to allow the petitions and directed the administration fo the JMC not to admit students till recognition by the PMDC.





























