AYESHA A. MALIK, J. --- Through this petition, the Petitioner, who runs a medical college by the name of Sahara Medical College, seeks a direction from this Court that the Respondent No, 3, Federation of Pakistan be directed to issue a notification granting recognition of the Medical College for the Session 2015-16.
2. Learned counsel for the Petitioner argued that the Petitioner applied for recognition of its medical college for the session 2015-16, pursuant to which the college was inspected and a recommendation was issued in favour of the Petitioner for its registration to Respondent No, 3, Federation of Pakistan. The matter was delayed considerably. In the meanwhile, the Petitioner filed W.P. No, 3606/2016 praying therein that Respondent No, 3 be directed not to wait for the formal issuance of the Notification and to complete its process for the affiliation of the Medical College. as per its letter dated 16.04.2015, wherein it had been stated that the affiliation shall be granted subject to recognition by the PMDC. This Court through its order dated 30.03.2016 noted that the Petitioner medical college was recommended by Respondent No, 2, Pakistan Medical and Dental Council ("PMDC") for inclusion of its name in the First Schedule in terms of. Section 11 of the Medical and Dental Council Ordinance, 1962 ("Ordinance"). Subsequently with the change in the Council of the PMDC the matter was delayed. This Court thereafter, directed PMDC to allow the process of admission and required PMDC to re-inspect the premises and forward its recommendations.
Consequently, the recommendations were issued for 28.07.2016. Learned counsel argued that the recognition letter recommends recognition for the session 2016-17 whereas the Petitioner also sought recognition for the session 2015-16. Learned counsel argued that inadvertently 2015-16 session has not been notified whereas 2016-17 has been notified. Through this petition, learned counsel argued that a direction is sought to the Federation of Pakistan to notify the recognition for the session 2015-16 in order to streamline admission process and the registration of the students.
Learned counsel argued that given the judgment of this Court in "Muhammad Fahad Malik v.
Pakistan Medical and Dental Council, etc." (PLD 2018 Lahore 75) and in terms of the order dated 12.01.2018 passed by the august Supreme Court of Pakistan in Civil Appeals No, 3 and 4 of 2018 an Civil Petitions No, 3412 of 2017 and 45 of 2018, there is no PMDC and all matters pending there have been placed in the hand of Executive Committee. However in this case since the college has been recommended it does not need to be referred to the PMDC.
3. On behalf of the Federation of Pakistan, learned DAG argued that the role of the Federation of Pakistan is simply to notify the session recommended by the PMDC. In this case, the college was inspected twice and was recommended both time for recognition and the fact that college was recommended 2016-17 session suggest that the college has been recognized for 2015-16 session as the college has been verified during this period. Therefore, this Court can direct the Federation of Pakistan to issue recognition and the same in .no way infringes upon the duty cast on the Executive Committee formed by the august Supreme Court of Pakistan through its order dated 12.01.2018.
4. Heard and record perused.
5. The basic grievance of the Petitioner is that its session for the year 2015-16 has not been notified by the Federation of Pakistan even though it has been recommended by the PMDC in its letter dated 28.07.2016. In terms of the said letter, the college was recommended for recognition for the year 2016-17, meaning thereby that Federation of Pakistan was to issue a. notification for the 2016- 17 session. In the backdrop of this recommendation in W.P. No, 3606/2016 which was filed by the Petitioner with respect to session 2015-16 and this Court passed an order dated 30.03.2016 in which it noted that the Petitioner applied for recognition on 11.03.2015 and affiliation on 29.03.2015 and was recommended for recognition on 15.01.2016. However, the Federation of Pakistan did not issue the notification in a timely manner. In the meanwhile, PMDC held its elections and a new Council was introduced on 05.12.2015. The new Council wanted to satisfy itself with respect to all pending applications for recognition, which included the application of the Petitioner. PMDC therefore, once again carried out another inspection and issued its recommendation on 28.07.2016 in favour of the Petitioner. These facts are not disputed by the PMDC or the Federation of Pakistan, hence the only question before this Court whether based on the recommendations, the Federation of Pakistan is required to issue a notification in terms of Section 11 of the Ordinance.
6. The record shows that the recommendation process started on 2015 for the 2015-16 session. The College was inspected and recommended however it was not notified. The College then underwent a second inspection in 2016 and was again recommended for registration for the 2016- 17 session. At this time for 2015-16 'session probably was inadvertently not mentioned in the letter dated 28.07.2016. It goes without saying that if the College is recommended for the 2016-17 session based on two inspections one in 2015 and one in 2016 the College was in fact recommended for both the 2015-16 and 2016-17 session. There is nothing on the record and nothing advanced by the counsel for PMDC expressing any reservations for the registration of the 2015-16. session.
7. For what has been stated above, this petition is accepted and Federation of Pakistan is directed to issue notification letter in favour of the Petitioner medical college for the session 2015-16 for inclusion of its name in the First Schedule in terms of Section 11 of the Medical and Dental Council Ordinance, 1962 within one week of receipt of certified copy of this order. Compliance report shall be submitted to Deputy Registrar (Judicial) of this Court. Copy DASTI on payment of usual charges.