KARACHI, Feb 27: A division bench of the Sindh High Court on Wednesday disposed of 18 petitions challenging the locus standi of the IBA tests for admission to medical colleges, directing the Sindh health department to issue them show-cause notices and afford them the right of personal hearing before passing final orders.

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

The undertaking given to the AG by the additional health secretary said the health department had decided to issue show-cause notices to the petitioners along with the right of hearing before passing the final order in compliance with the principles of natural justice.

The undertaking in writing 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 a show-cause notice was a violation of the principle of natural justice.

AG Sindh Raja Qureshi submitted that he could not make any categorical statment without seeking instructions and sought time.

The court in its order directed the respondents to issue show-cause notice to the petitioners within a week, both directly and through their respective counsel.

The petitioners would be required to submit their replies within a week from the receipt of such notices. Thereafter, the petitioners would be accorded personal hearing by the respective chairperson of the selection board, i.e. Vice Chancellor, LMC, Principal, DMC (for DMC and SMC) and Principal, Chandka Medical College, in their respective offices on Tuesday (March 27) at 10 am. The respondents would, thereafter, pass final orders within one week from the date of hearing.

Counsel for the petitioners, S. M. Iqbal, Mahmood Alam Rizvi and Neel Kishav were present besides counsel for the IBA.

During the course of hearing of the petitions, malpractice committed in the IBA tests by some vested interests was deliberated at length and the court also expressed concern over malpractice that have seeped into examination system of the country.

The bench had segregated 14 petitions filed by students who could not get admission because their names were dropped from the final list owing 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 implede those who are likely to be affected. These petitioners were represented by Mohammad Nawaz Shaikh and Jhamatmal.

During the course of arguments, counsel for the petitioners, had argued that original answer-sheets of their clients had been changed and treated as false.

They had contended that the petitioners can 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 can be removed/expelled from the college, as spelt out in terms and conditions enumerated in the prospectus.

They had maintained that the petitioners were condemned unheard. IBA was not empowered to undertake rechecking or to change the results after the same were announced.

During the course of arguments, various portions of the inquiry committee, which had investigated the allegation, were cited by both the parties.