' ATHAR MINALLAH, J. --- Through this consolidated judgment I shall decide the instant petition alongwith W.P. No, 2156/2014.
2. The petitioners are bright young citizens of Pakistan. They hold qualifications in the field of medicine, after graduating from medical institutions in the Republic of Cuba. Their claim is that after the earthquake of 2005, the Government of the Republic of Cuba offered scholarships to the citizens of Pakistan for the study of medicine. Pursuant to the offer, the Higher Education Commission of Pakistan undertook a transparent process for selection of students desiring to pursue their medical education in Cuba. Applications for 1000 (one thousand) scholarships were invited through advertisement, dated 25.08.2006. Published in various daily newspapers. The embassy of the Republic of Cuba in Islamabad informed the Higher Education Commission (hereinafter referred to as the "Commission") through a letter dated 12.11.2007, that the curriculum for studies of the medical program will be the same as the Latin American School of Medicine (hereinafter referred to as the "ELAM"). It was further informed that the medical degree will be issued after completion of the studies/course. The petitioners were informed vide letter dated 26.07.2008 regarding the details of the scholarship, along with the terms and conditions for the award. As a requirement, the petitioners executed respective agreements and undertakings. The petitioners, after complying with the requirements of the Commission, proceeded to Cuba and completed their five years studies, culminating in the award of a qualification granted by the Medical Institution in Cuba. It is pertinent to mention that while they were pursuing their studies in Cuba, the Commission, vide letter dated 20.04.2012, requested the Ministry of Foreign Affairs to convey to the petitioners that after their return, their registration under the Pakistan Medical and Dental Council Ordinance, 1962 (hereinafter referred to as the "Ordinance") shall be subject to qualifying the examination held by the National Examination Board (hereinafter referred to as the "NEB examination"). It was further communicated that on account of completing their house job in Cuba, they shall be exempt from the requirement of completing the house job in Pakistan.
3. The petitioners have invoked the jurisdiction of this Court under Article 199 of the Constitution of the Islamic Republic of Pakistan, 1973 (hereinafter referred to as the "Constitution"), aggrieved by the requirement of taking the NEB examination as a condition for their registration under the Ordinance.
4. Raja Saif-ur-Rehman, learned Advocate High Court, contended that the offer of sending the petitioners on scholarship was a representation made by the Government of Pakistan and, therefore, the requirement of taking the NEB examination is not justified; the scholarship was announced and the selection made by the Commission after an extensive exercise undertaken for selecting the students on merit; the Commission is the competent authority, particularly in the field of Higher Education to grant equivalence; the provisions of the Higher Education Commission Ordinance, 2002 (hereinafter referred to as the "NEC Ordinance, 2002"), shall prevail over the provisions of the PMDC Ordinance; the Commission which had the power under the HEC Ordinance, and in exercise of the said powers representations were made to the petitioners that they shall be treated at par with students pursuing their medical education in Pakistan; the petitioners for the first time were informed regarding the requirement of taking the NEB examination vide the Commission's letter dated 20.4.2012. The petitioners were never informed by the Commissary that they were required to take the N.E.B examination. The learned counsel placing reliance on PLD 2010 SC 1089 contends that the Commission and its status places it in a position where the provisions of the PMDC Ordinance, shall give way to the provisions of the HEC Ordinance, 2002.
5. Mr. Adnan Saboor Rohaila, learned Advocate High Court, appeared for the petitioners in W.P. No, 2156/2014. In addition to adopting the above arguments of the learned counsel, contends that; the petitioners have spent more than five years pursuing their studies and requiring them to take the N.E.B. Examination will further delay their registration for another two years; the HEC Ordinance, 2002 shall prevail over the PMDC Ordinance and the selection made by the HEC on merit and sending the petitioners for education to Cuba is a sufficient ground to exempt them from taking the examination; the fundamental rights of the petitioners are being violated, inter alia, by