' MAMOON RASHID SHEIKH, J.---This petition has been brought by the petitioners who are 1st year students reading for the MBBS Degree in the Wah Medical College (respondent No,2). The grievance of the petitioners is that through letter No,WMC/787/SA dated 25-2-2014 respondent No,2 has declared that the petitioners' admissions have become invalid for the reason that the Pakistan Medical and Dental Council (respondent No,3) and the University of Health Sciences (respondent No,4) have not accepted the results of the petitioners' NAT-1M Test conducted by the National Testing Service (the NTS) to be valid for the purposes of obtaining admission in a medical college in the Punjab.
2. The learned counsel for the petitioners submits that the petitioners belong to the Sindh Province.
They are the daughters of employees of Pakistan Ordnance Factories (the POF) and are based at Wah Cantt. The petitioners passed their F.Sc. Pre-Medical Examination from the Federal Board of Intermediate and Secondary Education, Islamabad, and being desirous of joining the medical profession applied to respondent No,2 for admission in the MBBS 2013-2014 Session against ten open merit seats reserved for wards of all POF employees. As per the advertisement got published by respondent No,2 in the daily "Jang" the eligibility criteria for admission in respondent No,2 was inter alia to the following effect:--
(i) F.Sc. (Pre-Medical) with minimum 60% marks or equivalent foreign qualification; and
(ii) Those who appeared in entry test Conducted by the Provincial Governments/NTS, SAT-I1 and MCAT.
3. Further submits that the petitioners accordingly took the -National Aptitude Test (NAT-1M) conducted by the NTS. And on the basis of their F.Sc. And NAT-1M result they were given admission by respondent No,
2. The petitioners paid the requisite fee and joined the classes of MBBS 1st year being conducted by respondent No,2.
4. The learned counsel for the petitioners contends that the petitioners were granted admission to read for the MBBS degree by respondent No,2 on the basis of their eligibility. The petitioners fulfilled the admissions criteria as laid down by respondent No,2. The petitioners' documents were fully scrutinized and verified by the high level committee of respondent No,2. It, therefore, does not lie in the mouth of respondent No,2 to say that the admissions of the petitioners are invalid. Contends that respondent No,2 in fact wants to oblige some blue eyed students, therefore, the admissions of the petitioners have been declared to be invalid. Alleges mala fide on the part of respondent No,2.
5. Further contends that it is settled law that once admission has been granted to a student in an educational institution after considering the student's case and the requisite fee is also accepted by the educational institution and thereafter the student attends classes the educational institution cannot turn around and say that the admission of the student was invalid due to .Some administrative oversight. Once admission has been given to a student a vested right is created in his favour.
6. Submits that in addition to the NAT-1M Test conducted by the NTS the petitioners also took the NTS (Federal Medical and Dental College Admission Test) and the National University of Science and Technology, Islamabad's entrance test in order to read for their MBBS degrees. In case the petitioners result of the NAT-1M Test is not acceptable, the respondents may be directed to rely on the results of the other tests taken by the petitioners. Contends that the impugned order is a non- speaking order and has been passed in violation of section 24-A of the General Clauses Act, 1897.
7. Relies on the judgments reported as 1997 SCMR 15, "Bashir Ahmed Solangi v. Chief Secretary, Government of Sindh, Karachi and 2 others" (2004 SCMR 1864) "Neelam Khan and others v.
University of Health Sciences, Lahore through vice-Chancellor/Registrar and others" (2013 MLD 701), "Ammaris Mehtab Chaudhry v. Vice-Chancellor, Sargodha University and others" (2013 CLC 1080).
8. The report and para wise comments have been filed on behalf of respondents Nos.1 and 2 wherein it is admitted that the petitioners were granted admission in the MBBS 1st year Class in the 2013-2014 Session, however, the petitioners' admission was "provisional". This fact was communicated to the petitioners at the time of their admissions through the Offer of Admission Letters No,WMC/787/SA dated 24-12-2013. Para-1 of the said letters is to the following effect:-- "It is a matter of immense pleasure for the College Administration that you have been granted admission in Wah Medical College. The admission, however, is provisional till verification of your original antecedents and registration by the PM&DC as well as University of Health Sciences Lahore.
The classes, Inshallah shall start with effect from 30 Dec 2013. Therefore, you are advised to join the college maximum by 07:45 AM on. Monday 30 Dec 2013 positively, for reception ceremony along with your parents."
(Emphasis supplied)
9. It is further maintained in the report and parawise comments of respondents Nos.1 and 2 that during the course of verification of the petitioners documents respondents Nos.3 and 4 found that the petitioners had not taken the requisite entrance test to qualify for admission in a medical college in the Province of the Punjab. Respondent No,3 does not recognize the NAT-1M Test conducted by the NTS to be a valid test for admission in a medical college. Upon receipt of the letter from respondent No,3 informing respondent No,2 re the invalidity of the NAT-1M Test taken by the petitioners for the purposes of admission in respondent No,2 a representation was made to respondent No,3 on behalf of the petitioners but the same was turned down by respondent No,3.
10. The report and Para wise comments have been filed on behalf of respondent No,4 wherein it is inter alia maintained that the NAT-1M Test is not a valid test for entry into a medical/dental college in the Province of the Punjab. The learned counsel for respondent No,4 submits that for the purposes of medical/dental education in the Province of the Punjab respondent No,4 is the regulatory body. It lays down the criteria for admission to medical and dental colleges/institutions in the Province of the Punjab. Respondent No,4 in turn has to follow the Regulations laid down by respondent No,3 which is the Statutory Regulatory Body in respect of the medical and dental profession in Pakistan. As per the Regulations of respondent No,3 as also the Regulations of respondent No,4 the NAT-1M Test conducted by NTS is not a valid test for admission to a medical/dental college/institution in the Punjab.
11. Further submits that as per the Policy Guidelines laid down in 'respondent No,4's Prospectus for the 2013/2014. Session, Only those candidates who have appeared in the Entrance Test conducted by the University of Health Sciences, Lahore, for year 2013, shall be considered eligible for admission to Public/Private Sector Medical/ Dental Institutions of the Punjab".
12. Contends that in view of the Policy Guidelines the petitioners are not eligible to be granted admission in respondent No,2, therefore, during scrutiny of their papers their admissions were not considered to be valid and they were informed accordingly.
13. Relies on the judgments reported as "The Engineer-in-Chief Branch through Ministry of Defence, Rawalpindi and another v. Jalaluddin" (PLD 1992 S.C. 207), "Nadir Khan and others v. Principal, Khyber Medical College, Peshawar and others" (1995 SCMR .421) "Aqib Rasheed and 3 others v.
Government of the Punjab through Secretary Health and 4 others" (PLD 2011 Lahore 1), "Zubair Azam v. Pakistan Medical and Dental Council through Chairman and another (2005 YLR 1462), "Junaid Intizar v. UHS and others" (2009 MLD 684), "Muhammad Abdullah Riaz v. University of Health Sciences (UHS). Lahore and another" (PLD 2011 Lahore 555) and "Memoona Noureen v. Vice- Chancellor, Fatima Jinnah Women University Rawalpindi" (2011 CLC 230).
14. Heard. Record perused.
15. The petitioners gained admission in respondent No,2 on the basis of the marks obtained by them in their F.Sc. Pre-medical examination conducted by the Federal Board of Intermediate and Secondary Education, Islamabad, and the NAT-1M Test conducted by the NTS. However, as mentioned in their admission letters quoted in Para-8 above their admissions were on provisional basis subject to verification of antecedents and registration with respondents Nos. 3 and 4.
16. It is settled law that respondent No,3 is the Statutory Regulatory Authority in respect of the medical/dental profession in Pakistan. "Aqib Rasheed's case (supra) refers. In that capacity respondent No,3, inter alia, lays down the criteria for admissions in medical/dental colleges/ institutions. Respondent No,4 is the medical/dental degrees awarding authority in the Province of the Punjab. Its Prospectus for the 2013-14 Session lays down the minimum eligibility criteria for admissions in the public/private sector medical/dental colleges/institutions, in the Punjab in 2013- 14 Session. According to the said criteria only those candidates shall be considered eligible for admission to a public and/or private sector medical/dental institution in the Province of the Punjab who have taken the entrance test' conducted by respondent No,4 in 2013. In other words the Medical College Admission Test (MCAT) conducted by respondent No,
4. As said above this criteria was effective for the 2013-2014 Session and the petitioners were required to take the MCAT. The petitioners instead took the NAT-1M Test conducted by the NTS: The record further shows that the NAT-1M Test is not even recognized by respondent, No, 3 as it is a monthly test and is not geared for gaining admission to medical/dental institutions.
17. The petitioners, therefore, do not appear to have met the basic eligibility criteria for gaining admission in a medical college in the Province of the Punjab as laid down by respondents Nos.3 and 4. As mentioned above the petitioners were only granted "provisional" admission subject to verification of their antecedents and registration with respondents Nos.3 and 4, therefore, the petitioners cannot claim to have acquired a vested, right to continue with their studies in respondent No,2.
18. It is settled law that educational institutions are bound by the Policy laid down in their prospectus. Students are also required to follow the Policy. It is further settled law that this Court in the exercise of its constitutional jurisdiction does not interfere in the matters of examinations and/or admissions to educational institutions as the authorities concerned are the sole judges of the criteria laid down by the institutions in their prospectus and/or calendar unless an ex facie case of jurisdictional error is pointed out. In the instant case no such jurisdictional error has been pointed out nor has it been shown that the decision of the respondents is perverse or arbitrary.
Reliance in this regard is placed on the judgments reported as "Muhammad Abdullah Riaz v.
University of Health Sciences (UHS) Lahore and another" (PLD 2011 Lahore 555), "Sahiba Dost v.
Chairman Admission Board/Vice- Chancellor, UHS, Lahore" (PLD 2011 Lahore 605) and "Usman Tariq v. Punjab Public Service Commission and others" (2013 PLC (C.S.) 1183).
19. Under the circumstances the petition fails and is dismissed accordingly.
20. There is no order as to costs.