KARACHI, Feb 20: The Sindh High Court asked on Wednesday the advocate- general Sindh to submit on Feb 27 why 35 students were denied admission to medical colleges in the province without being provided an opportunity to be heard by the inquiry committee.

A division bench, comprising the Acting Chief Justice, Justice Sabihuddin Ahmed, and Justice Ali Aslam Jaferi, made this observation when the hearing of various petitions challenging the locus standi of the IBA tests for admission to medical colleges came up.

The court was of the view that to be condemned without being issued show- cause notice was violation of the principle of natural justice.

The Advocate-General, Raja Qureshi, submitted that he could not make any categorical statement in this regard without seeking instructions from the government and sought time for this purpose. The court acceded to his request and gave him until Feb 27 to do so.

In the context of the malpractices committed in the IBA tests by vested interests, the court also expressed deep concern over the malpractices that had seeped into the examination system of the country.

“It is very unfortunate that the examiner did not know the correct answer, they should be ashamed,” observed the Acting Chief Justice, Justice Sabihuddin Ahmed, when the IBA counsel gave reasons for the change in the provisional list.

The court segregated 14 petitions filed by students who could not get admission because their names were dropped from the final list due to allegations of forgery, and decided to take up their petitions on Feb 27.

In the second set change in master key and correct reply was admitted for hearing on March 20 and allowed to implead those who were likely to be affected. These petitioners were represented by Mohammed Nawaz Shaikh and Jhamatmal.

In the course of arguments, counsel for the petitioners, S. M. Iqbal, advocate, contended that the original answer sheets of his clients had been changed and treated as false.

The court asked the counsel to satisfy it on the point that when criminal charge of forgery had been levelled against them how the constitutional petitions filed by them were maintainable.

Mr Iqbal submitted that the petitions were not filed to stop or hinder the criminal proceedings, if the state decided to prosecute them (petitioners).

He contended that the petitioners could be given admissions as no evidence of forgery had come against them. His contention was that if at any stage they were proved to be guilty of forgery, they could be removed/expelled from the college, as spelt out in the terms and conditions enumerated in the prospectus.

He said the petitioners were condemned unheard. The IBA was not empowered to undertake rechecking or to change the results after they were announced, he contended.

He cited from para 2 of the inquiry report, constituted under Brig A. S. Nasir, to determine the cause of cancellation of entrance test to medical colleges. It said “irregularities were detected through a letter of Ms Kavita D/o Gotam Das, from Tharparkar, to the Sindh Governor, etc., that three students with dubious academic record, also from Tharparkar, had managed to pass the above-mentioned test by alleged replacement of their mark sheets.

When the AG placed on record the final merit list, Justice Ahmed observed that the order of merit list could also be changed. He noted that the key did not contain the correct answers. It was very abhorring, he observed.