KARACHI: The Sindh High Court on Thursday restrained the Dow University of Health Sciences (DUHS) for one week from proceeding with the ongoing process of admission to medical and dental colleges of the province after the Nov 19 Medical and Dental College Admission Test (MDCAT).

A two-judge bench, headed by acting Chief Justice Aqeel Ahmed Abbasi, directed the respondents to file reply/objection, if any, with advance copy to the lawyers for petitioners before the next hearing.

The decision came during hearing of two petitions challenging the MDCAT retake on the ground that the exam paper was again allegedly leaked a night before the test. The first MDCAT was conducted on Sept 10 by the Jinnah Sindh Medical University (JSMU), but allegations of paper leak marred the whole process and the Sindh government had decided to hold the crucial test afresh through DUHS.

At the outset of the hearing on Thursday, Deputy Attorney General Khaleeq Ahmed and additional advocates general Saulat Rizvi and Safdar Depar requested for time to file comments.

SHC asks PMDC, health dept and other respondents to file comments on pleas against retake of MDCAT by 21st

Advocate Wasiq Mirza filed power (vakalatnama) on the behalf of the DUHS and also made a similar request.

Petitioners’ counsel Nabeel Ahmed Khan, Ahmed Ali Shaikh and Jahangir Shams had made serious allegations against the respondents and pleaded that the authorities concerned be restrained from finalising the final merit list of successful candidates as well as admission process for the sessions 2023-24 until the discrepancies in the tests were adequately addressed.

Adjourning the hearing till Dec 21, the bench stated in its order, “Respondents shall not proceed further pursuant to the MDCAT examination 2023-2024 conducted by Dow University of Health Science, Karachi, till the next date of hearing.”

On Nov 2, the SHC, through a short order, had dismissed two petitions filed by dozens of candidates against re-take of MDCAT since the Pakistan Medical and Dental Council (PMDC) had also supported the retake of the test and the high court had allowed the authorities concerned to go ahead with the MDCAT exams afresh.

However, Laiba Zafar, Anjali Zeb and 12 others students/candidates petitioned the SHC and impugned the retake of the MDCAT 2023-24 conducted by DUHS.

Citing the health secretary, PMDC, DUHS and Federal Investigation Agency as respondents, the petitioners submitted that the MDCAT 2023-24 was re-conducted on Nov 19 by the DUHS but the test paper was leaked again and sold for Rs1.2 million a night before the scheduled exams.

Citing a judgement of the SHC as well as an order of the Indian Supreme Court on the subject issue, the petitioners asked the bench to issue directive to the respondents to conduct the MDCAT yet again through any reputed university as per law.

They also pleaded to declare the MDCAT conducted by DHUS as null and void.

The counsel for the petitioners argued that, surprisingly, the content of the test paper was in fact identical to questions mentioned in the first MDCAT held on Sept 10 by the JSMU and thus, once again, the test had become controversial as the sanctity of the exam was compromised.

They further submitted that as per unofficial results circulating on social media, a significant number of students had scored 200 out of 200 marks for the first time, which indicated that the test was compromised.

Initially, MDCAT 2023-24 was conducted on Sept 10 by the JSMU, but the same was mishandled due to leakage of test paper and its circulation on social media.

Thereafter, an inquiry committee had investigated the matter and found significant evidence about unauthorised release of the test paper and the inquiry report was duly approved by the Sindh cabinet and decided to retake the MDCAT through DUHS, they maintained.

The petitioners were of the view that they had successfully passed the MDCAT conducted by DUHS, but they were aggrieved by the acts of persons who had jeopardised the exam by leaking the test paper, whereby causing severe injustice as some students, who had cheated in the exam, scored better marks than students who had passed the same due to their hard work.

They maintained that MDCAT results carried 50 per cent of the total 100 marks. Hence, even a small edge in the total marks by using unfair means would give unfair advantage to the students who were able to cheat in the examination.

Published in Dawn, December 15th, 2023

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