Petitioner invoked the constitutional jurisdiction of this Court by way of filing instant petition with the following prayer:-- It is, therefore, very humbly prayed that the writ petition may please be accepted in favor of the petitioner and against the respondents and the Respondent No, 1 be ordered/directed to take the Examination for Registration of Foreign Qualified Doctors under the auspices of National Examination Board (NEB) and under the Regulations of 2008 (Sections 40 to 63 of the Pakistan Registration of Medical and Dental Practitidners Regulations, 2008), Pakistan Medical and Dental Counsel Ordinance of 1962 and Constitution of Islamic Republic of Pakistan, 1973, as per the scheme followed prior to 2008 in Two Steps. (Theory, (basic and Clinical) and Viva) and the gap between each step would not exceed two weeks.
The respondent 1 and others be also directed to act as under:- a. To avoid the discriminatory behavior being adapted with the petitioner and other Foreign Medical Graduates. b. That the Short Examination Questions should not be part 9f rest rather it should he MCQs based CBT (computer Based Test) to make the exam more transparent and should be conducted in all major cities of Pakistan. c. Test syllabus should be clear and if any changes are to be made should brought in the prior knowledge of the Foreign Medical Graduates as early as possible. d. PMDC should. conduct NEB exam 4 times a year and schedule of dates should be mentioned on the PMDC website, as well as communicated to the entrants at the time of issuance of the Eligibility certificate. e. NEB (National Examination Board) should personally conduct the examination as they use to do previously because Medical Universities conduct this examination victimizing and discriminating the foreign . Medical Graduates, recent example is of Khyber Medical University's wherein the Result was only 6.5% in step 2 and 12% in step III. f. The Examination should for the level of Graduates and the not the specialization level (FCPS) because Theoretical knowledge can't be compared with practical knowledge. g. PMDC should have their own Academes in all major cities of Pakistan to prepare students for NEB examination. h. That the refusal/delay by respondents and others to petitioner not to permit/conduct exam/test for registration as Doctor is contrary to law and earlier practice, is without lawful authority and against provisions of Pakistan Registration of medical and Dental Practitioner Regulations 2008 PM&DC Ordinance of 1962 as well as the Constitution of Islamic Republic of Pakistan, 1973. i. That non-registration of doctors and process for Registration so for presently followed be declared in violation of Articles 3, 4, 9 , 18 and 25 of the Constitution of Islamic Republic of Pakistan, 1973 and also be declared ultra-vires, illegal, mala fide with direction to adhere to law and practice earlier in vogue strictly to meet the ends of justice and fairplay.
Any other fair and appropriate relief to which this honorable Court deems fit may also please be awarded to the petitioner in the interest of justice."
And presented the facts as under:-
2. That petitioner is a graduate in, faculty of Medicine (General Medicine) from the University of Osh State University who passed the said examination in 2010. He applied for license to practice as a Doctor in Pakistan to the Pakistan Medical and Dental Counsel (PMDC). Registration of foreign medical graduates/Doctors is being carried out as per Sections 40 to 63 of the Registration of Medical and Dental Practitioners Regulations, 2008: The petitioner in response to his application for registration as a medical practitioner was informed to appear in an Examination under the PMDC Ordinance, 1962 and Pakistan Registration of Medical and Dental Practitioners Regulations, 2008.
Moreover, a provisional eligibility certificate to appear in the Examination was also issued to him on 18.03.2011. Petitioner appeared in Part I examination on 13.05.2012 and cleared the same but failed in Part-II examination which was held on 29.11.2012. Now, almost 6 months have elapsed but next date for conducting the Part-II examination has not been communicated to him. Petitioner visited the office of Chairman (PM&DC) (Respondent No, 1) where it revealed that from 2008 onwards Respondent No, 1 without informing the entrants of the examination conducted as per the regulation of 2008 by the NEB malafidely and in contravention with the rules and regulations and relevant laws delegated the powers to take examination of foreign qualified doctors to UHS (University of Health Sciences, Lahore), later same was transferred to DUHS (DOW university of Health Sciences, Karachi) and now same is being taken by the KMU (Khyber Medical University) since, November, 2012. Furthermore, examination procedure as laid down in the regulations of 2008 has also been changed illegally and without lawful authority which is resulting in sheer wastage of time of the entrants, additional financial burden on them as well as professional's discouragement because as per scheme prior to 2008 NEB was taking examination in Two steps, (Theory, (basic and Clinical) and Viva) and was supposed to take examination of next step within two weeks, hence, an entrant could clear both the Steps of examination (in one go) within one and a half month and could get provisional certificate for house job in a maximum of four months but now NEB which was bound to take. Step II Examination two weeks after announcement of Step II result almost take 2 and half months to conduct it, wasting 14 to 15 months of the entrants who clear the examination in first attempt and 2 to 3 years in case of entrants who fail to make it in first attempt. Petitioner along with other doctors and representatives of the. Pakistan Foreign Doctors Association visited the office of Respondent .1 and submitted their charter of demands in this regard on 06.02.2013, but in vain.
3. In response Respondent PMDC filed report and parawise comments and raised following preliminary objections:-- "1. That Petitioner has not come to Court with clean hands, therefore, he is disentitled for any equitable or discretionary relief by this Honourable Court that too in the extraordinary constitutional jurisdiction. Respondent No, 1 is the Apex Regulatory Body constituted for the purposes of prescribing standards of medical/dental Institutions ad professionals under the PM&DC Ordinance, 1962. The petitioner by his own admission appeared and passed Step I of NEB Examination, on 13.05.2013. He acquiesced and recognized the validity of NEB Examination. It is only after the Petitioner was unable to qualify for Step II of NEB Examination on 29.11.2012, it dawned upon him that the NEB Examination was being conducted in violation of his constitutional rights ad laws etc. He did not take any steps or complained while appearing in Step I NEB Examination.
2. That the NEB examination of the candidates is in process, the eligibility certificates have already been issued to candidates for examinations and schedule has also been announced. The candidates and the respondents shall suffer irreparable loss, if at this stage, as per prayer of the Petitioner, the NEB examination is not conducted.
3. That aim of the Petitioner appears to be to avoid appearing in the NEB examination. Moreover, the petitioner has levelled allegation and made certain assertions, which it is respectfully submitted cannot be determined/adjudicated upon by this honourable Court in the extraordinary Constitutional Jurisdiction.
4. The Result of Step II examination was announced on 10.12.3012 and after that NEB conducted Step III examination on 16.02.2012. NEB announced the schedule for examination of Step I and II to be hold on 04.05.2013. Therefore, no unusual delay has occurred in the examination.
5. The respondents did not commit any illegality. In the interest of public at large and for the doctors to conduct transparent and fair examination the executive committee of the Council decided the national examination shall be rotated at the appropriate time between the provinces and the Universities to give it a nation charter.
6. It is vehemently reiterated that the NEB Examination is conducted by the Council to satisfy itself about the proficiency of the holder of a foreign degree as it pertains to life and death of patients, which are in the hands of the doctors. Moreover, when University announces the schedule of NEB Examinations, the respondents inform/communicate the same to the students, as well.
7. The Respondents cannot give license without comprehensively judging the competency of the foreign graduates, it would then be a danger for masses. The Respondents conduct/organize the NEB Examination in 3 steps and it is in line and compliance with International Best Practices e.g. USMLE (USA) also judge the foreign education doctors in three steps examination. The averments with regard to delay in holding NEB Examination are without any basis.
8. The Petitioner has no vested light for issuance of licence to practice medicine in Pakistan. He has to first pass and go through the established process for -foreign graduates in order to obtain the licence to practice medicine. The Respondents have not violated the Constitutional provision or breached any law. The matter pertains to life and death of the patients and cannot be bifurcated to accommodate the Petitioner only. The Respondents are holding NEB Examination regularly, without any delay or lapse on their part. The assertion made above are reiterated forcefully.
4. I have heard the learned counsel for the parties and with their able assistance gone through the statutory provisions and decisions of authority.
5. In my estimation, prayer made through instant petition, on face of it, appears to be unreasonable and hypothetical as well. Admittedly, petitioner took. part in the process, succeeded at first step and when failed to qualify the second step, challenge put by him to entire process. It is the statutory duty of PMDC to prescribe minimum standards of Medical Education in Pakistan and to provide criteria for registration of the doctors. Moreover Regulation 62 of the Registration of Medical and Dental Practitioners Regulations, 2008 provides that: "62. Format of examination for foreign medical or dental graduates with basic qualification shall be decided by the National Examination Board and shall be communicated to the candidates at the time of issuance of eligibility certificate for appearance in the examination."
As is evident, decision of setting paper is not of Khyber University but off National Examination Board. In my analysis, neither any prejudice has I been caused to petitioner nor any discrimination meted out to him.
6. In this view of the matter, instant petition, being devoid of any merit, is hereby dismissed.