QAZI MUHAMMAD FAROOQ, J.-Leave to appeal has been sought by four students of the Punjab Medical College, Faisalabad against the judgment dated 16-7-2003 of a learned Full Bench of the Lahore High Court, Lahore whereby their Writ Petition No,8755 of 2003 challenging the vires of the University of Health Sciences Ordinance, 2002 and affiliation of the Punjab Medical College, Faisalabad with the University of Health Sciences, Lahore was disposed of along with 14 identical writ petitions in the following terms:-- "(i) That the University of Health Sciences Ordinance, 2002 is not ultra vires of the Constitution of Islamic Republic of Pakistan, 1973 or the Pakistan Medical and Dental Council Ordinance, 1962. The University of Health Sciences has been validly established and no exception can be taken to it whatsoever.
(ii) That subject to Article 143 of the Constitution of Islamic Republic of Pakistan, 1973, all the medical institutions under the administrative control of the Provincial Government and the medical institutions in the private sector in the territorial limits of Punjab are under a mandate of the new law to affiliate with the University of Health Sciences within such time and on such terms and conditions which may be prescribed subject of course to the power of the Provincial Government to exempt any medical institution in terms of section 5 of the said Ordinance. The order of exemption of King Edward Medical College, Lahore and Fatima Jinnah Medical College, Lahore is, therefore, not without lawful authority. So far as the Army Medical College, Rawalpindi is concerned, nothing has been placed on record to indicate that it has either been established under a Provincial Statute or is under the administrative control of the Provincial Government. Whatever be the factual position, legal consequences shall flow in terms indicated above.
(iii) That the letter dated 2-12-2002 issued by the Vice-Chancellor of University of Health Sciences, insofar as it declares the medical colleges to be deemed to have been affiliated, is without any lawful authority. The letter shall be considered merely as an intimation to the medical institutions concerned about the change in law qua affiliation and an invitation to comply with the mandate of law. The intimation sent by the Principals of the medical colleges/institutions would be treated as applications for affiliation and the latter shall pass appropriate orders for affiliation if it has not already been passed, without further loss of time in terms of section 37 of the University of Health Sciences Ordinance, 2002.
(iv) That all the private medical colleges which were granted affiliation (provisional or permanent) by the University of Punjab after the promulgation of UHS Ordinance shall be granted similar nature of affiliation forthwith which they enjoyed with the University of Punjab so that the students may not suffer. The concerned colleges shall apply to the University of Health Sciences within a week.
(v) That since those colleges which acquired affiliation with the University of Punjab after the enforcement of the UHS Ordinance, did not avail the privilege of affiliation for long and had to disaffiliate by operation of law, the University of Punjab shall consider the question of refund of their affiliation dues if an application is made is this behalf.
(vi) That the requisite notification qua recognition of the medical qualification in terms of section 11 of Pakistan Medical Council Ordinance, 1962 is still awaited. By way of an interim arrangement, the University of Health Science and University of the Punjab have agreed that the former shall be an examining body for the fourth year (3rd professional) and final M.B.B.S. And 3rd and 4th year of BDS and the latter shall award degrees."
2. The brief facts to be noted ate that pursuant to promulgation of the University of Health Sciences Ordinance, 2002, hereinafter referred to as the Ordinance, the University of Health Sciences, Lahore was established with powers, inter alia, to provide for research, advancement and dissemination of knowledge, prescribe courses of studies to be taught in the affiliated medical institutions and constituent colleges, hold examinations and award degrees, affiliate or disaffiliate colleges and other medical institutions and do all such other acts or things as may be requisite to further the objectives of the University as a place of education, learning and research. Taking exception, some students of Allama Iqbal Medical College, Lahore, De Montmorency College of Dentistry, Lahore, Nishtar Medical College, Multan, Fatima Memorial Hospital College of Medicine and Dentistry, Lahore, Lahore Medical and Dental College, Lahore, Punjab Medical College, Lahore, Punjab Medical College, Faisalabad and Fatima Memorial Hospital College of Medicine and Dentistry, Lahore, affiliated with the University of the Punjab/Bahauddin Zakria University, Multan, challenged the vires of the Ordinance as well as the process of affiliation through fourteen identical writ petitions. The main thrust of the challenge was that the provisions with regard to affiliation were violative of the Pakistan Medical and Dental Council Ordinance 1962, letter dated 2-12-2002 issued by the Vice- Chancellor, University of Health Sciences, Lahore was violative of the spirit of the Ordinance in general and section 37 in particular, the provisions relating to affiliation and disaffiliation were violative of the fundamental rights enshrined in the Constitution of the Islamic Republic of Pakistan, exemption from affiliation granted to the King Edward Medical College, Lahore and Fatima Jinnah Medical College, Lahore was discriminatory and violative of Articles 4 and 25 of the Constitution of the Islamic Republic of Pakistan, Section 37 of the Ordinance had no retrospective application, the provision in regard to compulsory disaffiliation of medical colleges was violative of the University of the Punjab Act and the Calendar framed thereunder and the petitioners had a vested right to be examined by the University of the Punjab in view of the principle of legitimate expectation. The writ petitions were vehemently contested by the University of Health Sciences and the stance taken by the University of the Punjab was that the Ordinance was a valid piece of legislation. After a hot contest all the writ petitions were disposed of in the aforementioned terms by a learned Full Bench of the Lahore High Court through an elaborate judgment against which leave to appeal has been sought only by four students of the Punjab Medical College, Faisalabad.
3. It will be pertinent to mention at this stage that along with the present petition the petitioners had filed C.M.A. No,1934-L of 2003 for grant of interim relief as a result whereof interim relief was granted on 18-8-2003 as under:- "The operation of sub-para. (vi) reproduced above shall remain suspended. The examination of the students of medical institutions already affiliated with the Punjab University shall continue to be held by the Punjab University and degrees issued by it till the disposal of the main petition or issuance of notification by PM&DC of recognition of medical qualification of UHS whichever is earlier." Alleging violation of the above order the petitioners have filed Criminal Original No,48 of 2003 with the prayer that action be taken against respondents Nos.2 to 6 for committing contempt of Court.
4. Hafiz Abdul Rehman Ansari, learned counsel for the petitioners, contended at the outset that several medical colleges including Punjab Medical College, Faisalabad have been affiliated with the University of Health Sciences, Lahore but King Edward Medical College and Fatima Jinnah Medical College, Lahore have been exempted from affiliation, therefore, on account of this glaring discrimination affiliation of the college of the petitioners with the University of Health Sciences, Lahore offended the provisions of Articles 4 and 25 of the Constitution of the Islamic Republic of Pakistan. The next contention raised by him was that the letter dated 2-12-2002 with regard to automatic affiliation of the medical colleges with the University of Health Sciences, Lahore was against the spirit of the Ordinance with particular reference to section 37. It was further contended that the petitioners had got admission in the Punjab Medical College, Faisalabad, affiliated with the University of the Punjab, prior to promulgation of the Ordinance, therefore, they had a legitimate expectation to be awarded degrees by the University of the Punjab which is a prestigious University and the degrees awarded by it command respect and recognition throughout the world. It was lastly contended that the respondents by not holding the examination as directed by this Court on 18-8-2003 and adopting various tactics to defy implementation of the said order had committed contempt of Court, therefore, appropriate action may be taken against them.
5. Syed Najam-ul-Hassan Kazmi, learned counsel for the University of Health Sciences, submitted that the respondents had not violated the order of this Court dated 18-8-2003 as the University of Health Sciences was recognized as a valid chartered University by the Pakistan Medical and Dental Council on 20-5-2003 and on its recommendation made on 20-8-2003 a formal notification was issued on 3-9-2003 by the Ministry of Health Government of Pakistan to the effect that the University of Health Sciences, Lahore will be deemed to be included in Schedules I, III and V notified under sections 11, 16, 18 of the PM&DC Ordinance, 1962. It was further added that the University of Punjab having transferred the entire record to the University of Health Sciences was not in a position to hold the examinations. He defended the impugned judgment by submitting that the letter dated 2-12-2002 issued by the Vice-Chancellor on the subject of affiliation was just an intimation. He further submitted that out of 6000 students of the affiliated medical colleges only 4 students had challenged the Ordinance and that too without any vested right. He next contended that the plea of discrimination did not merit consideration at all as the King Edward Medical College, Lahore and Fatima Jinnah Medical College, Lahore, which have not been impleaded as respondents, have been exempted from affiliation with the University of Health Sciences for the time being. It was further submitted that the University of Health Sciences has taken adequate steps to improve the quality and standard of education and resolve various problems being faced by the medical colleges and it will shortly be recognized as a prestigious specialist University throughout the world.
6. Dr. Abdul Basit, learned counsel for the University of Punjab, submitted that the University of Punjab was neither aggrieved by the impugned judgment nor was in a position to hold examinations for want of record and issuance of the notification dated 3-9-2003 on the recommendation of the Pakistan Medical and Dental Council.
7. Having considered the contentions raised at the bar carefully and examined the Ordinance as well as the impugned judgment thoroughly we have come .To the irresistible conclusions that notwithstanding the fact that the Ordinance and the impugned judgment have been challenged only by 4 out of 6000 students of the medical colleges and none of the medical colleges affiliated with the University of Health Sciences, Lahore has expressed any grievance, the Ordinance is not only a valid enactment but is also not ultra vires the Constitution of the Islamic Republic of Pakistan and the contentions raised by the learned counsel for the petitioners are devoid of substance. The learned counsel for the petitioners did not pinpoint any provision of the Ordinance which was ultra vires the Constitution. The discrimination-related contention is misconceived inasmuch as exemption from affiliation with the University of Health Sciences, Lahore has been granted to the King Edward Medical College, Lahore and Fatima Jinnah Medical College, Lahore by the Provincial Government for the time being as is evident from the notification dated 26-6-2003 which is worded thus:-- "GOVERNMENT OF THE PUNJAB HEALTH DEPARTMENT Dated Lahore, the 26th June, 2003. NOTIFICATION No, SO(ME) l-26/98(P.II).--In exercise of the powers conferred upon him under proviso to subsection (1) of section 5 of the University of Health Sciences, Lahore Ordinance, 2002 (LVIII of 2002), the Governor of the Punjab is pleased to exclude the King Edward Medical College, Lahore and the Fatima Jinnah Medical College, Lahore for the time being from the extent and scope of the jurisdiction of the University of Health Sciences, Lahore. BY ORDER OF THE GOVERNOR PUNJAB (HASSAN WASIM AFZAL) Sitara-i-Imtiaz Secretary to Government of the Punjab, Health Department." The above notification is traceable to the consultative process envisaged by subsection (1) of section 5 of the Ordinance which reads as under:-- "5. Jurisdiction of the University. -(1) The University shall exercise the powers conferred on it by or under this Ordinance within the territorial limits in the Province of the Punjab and in respect of the constituent colleges: Provided that Government may, in consultation with the University, by general or special order, modify the extent and scope of the aforesaid powers of the University with regard to such territorial limits or institutions."
The expression "for the time being" used in the notification makes it manifest that the exemption complained of is transitory and possibility of affiliation of both the exempted medical colleges with the University of Health Sciences in due course of time cannot be excluded. Needless to emphasize that discrimination does not flow from a transitory arrangement.
8. The contention with regard to the process of affiliation spelt .Out by the letter dated 2-12-2002 issued by the Vice-Chancellor of the University of Health Sciences and its conflict with section 37 of the Ordinance cannot be raised at all as the controversy already stands settled. It is mentioned in the impugned judgment in most unequivocal terms that the said letter being beyond the scope of the powers of the Vice-Chancellor under the Ordinance was no better than an intimation about the requisite affiliation. The relevant portion of the impugned judgment may be reproduced advantageously as under:-- "A bare reading of the afore-referred provision shows (a) that these powers are available to the Vice-Chancellor provided the emergency exists as an objective reality. But it is not an emergency in a wide sense of the word. It is any state of affairs where the Vice-Chancellor is of the view that any inaction on his part may not be in university's interest, where immediate meeting of the competent body under the statute is not feasible and where an interim order for ultimate approval by the competent body would serve the institutional interest; (b) it can be used only with regard to those matters which fall within the power of the Board of Governors as spelt out in section 24 of the University of Health Sciences Ordinance because any action taken by the Vice-Chancellor has to be placed before the Board for approval in view of section 13(2) referred to above. The impugned letter of the Vice-Chancellor neither refers to existence of any emergency nor the subject of affiliation fell within the powers of the Board. The letter in question, therefore, was beyond the scope of his power under the Ordinance. However, it can be considered as an intimation by the Vice- Chancellor to all medical institutions concerned about the mandatory nature of the new law and that they should apply which these institutions did."
9. The legitimate expectation set up by the petitioners is neither reasonable nor has the backing of any law. It also cannot be based on any rule of the Prospectus of the Government Medical Colleges in the Punjab because the same is revised yearly to update the changes and contains in-built provisions to the effect that the students of the medical colleges shall be bound to abide by the rules and regulations laid down therein and the changes issued by the Government of the Punjab from time to time and the Government of the Punjab reserves the right of additions and alterations of any rule in the Prospectus at any stage. Affiliation of the Punjab Medical College, Faisalabad with the University of Health Sciences, Lahore has not deprived the petitioners of any benefit which might have accrued to them had their college remained affiliated with the University of the Punjab.
They will remain associated with their college and get the same M.B.,B.S degree at the conclusion of the five years' course which would have been awarded by the University of the Punjab. The.
University of Health Sciences, Lahore is a specialist University which has been established, inter alia, to improve the quality and standard of education and meet the challenges and requirements of the changing times and has also been accorded the requisite recognition by the Pakistan Medical and Dental Council, therefore, their anxiety about the status of the degree of M.B.,B.S. To be awarded by it is unfounded.
10. Adverting to the Criminal Original No,48 of 2003 we find that a case for taking action against the respondents for contempt of Court is not made out for two reasons. First, that the alleged violation of the order of this Court dated 18-8-2003 is more imaginary than real and, secondly, the said order came to an end with the issuance of the notification, alluded to therein, on 3-9-2003 which reads as under:- " No, F .20-7 .2003-MER Government of Pakistan, Ministry of Health Islamabad, the 3rd September, 2003.
On the recommendation of Pakistan Medical and Dental Council, as conveyed to this Ministry vide PM&DC's letter No,PF.12-F2003 (UHS) 4584 dated 27th August, 2003, the University of Health Sciences, Lahore will be deemed to be included in Schedules I,III & V, notified under sections 11, 16 and 18 respectively of the PM&DC Ordinance, 1962 along with the other Universities mentioned in the said Schedules.
2.The provisions relating to medical institutions affiliated by the Universities contained in relevant Regulations of the Council for securing recognition of medical and dental qualifications under the PM&DC Ordinance, 1962 shall continue to apply.
3.This issues with the approval of the competent authority.
(Sd.) (Dr. Ashfaq Ahmed), Deputy Director-General Health." Letter No,PF.12-F-2003(UHS)/4564 referred to in the above notification is reproduced hereunder:- " No , PR. 12-F-2003(UHS)/4564 PAKISTAN MEDICAL & DENTAL COUNCIL, G-10/4, Mauve Area, Islamabad. Dated 27th August, 2003. Dr. Munir Abro, Deputy Director General Health, Government of Pakistan, Ministry of Health, Islamabad. Subject: INCLUSION OF NAME AND QUALIFICATIONS OF UNIVERSITY OF HEALTH SCIENCES, LAHORE IN SCHEDULES-I, III AND V OF PM&DC ORDINANCE, 1962. Dear Sir, Reference your letter No,F-12/2003-MER, dated 28th June, 2003 on the subject cited above. It is to inform you that the Pakistan Medical and Dental Council in its 100th Sessions held in Islamabad on 23rd and 24th August, 2003 discussed in detail the issue of inclusion of the name of University of Health Sciences, Lahore and qualifications awarded by it in PM&DC Schedules. The Council recommended that the name of University of Health Sciences, Lahore and qualifications to be awarded by it may be included in relevant Schedules i,e, Schedule I, III and V of PM&DC Ordinance, 1962, by the Ministry of Health for the award of qualifications which were being awarded by Punjab University, Lahore, Bahauddin Zakriya University, Multan and. Islamic University, Bahawalpur. Thank you for your cooperation. Yours sincerely, (Sd.) (Dr. M.Sohail Karim Hashmi) Secretary." Resultantly, the petition is dismissed and leave refused. Criminal Original No,48 of 2003 also stands dismissed.