Through this order , I propose to decide applications for interim relief (i.e. C.M.A.s No.02/2018, and 01/2018) filed in Writ Petitions No.855/2018 and 943/2018, respectively . The fact essential for the disposal of these applications are that Hashmat Medical & Dental College ("Hashmat College") was recognized as a Medical College in terms of Section 1 1 of the Pakistan Medical & Dental Council Ordinance, 1962 ("P .M.&D.C. Ordinance).
2. Learned counsel for the petitioners in the abovementioned writ petitions prayed for a mandatory injunction to be_ issued by this Court to RIPHAH directing it to conduct an M.B.B.S. examination for the students admitted in Hashmat College. Learned counsel for the petitioners in the said writ petitions were in unison on their submission on P.M.&D.C.'s website Hashmat College was shown as "Recognized. Allowed to admit 100 M.B.B.S. students per year"; that this caused the students to apply for admission in Hashmat College; that this Court, in its order dated 28.02.2017, passed in writ petition No.4380/2016, had ordered that Hashmat College can admit students at its risk and costs; that as a result of the said order, there was nothing unlawful in Hashmat College admitting students; that on 08.01.2018, RIPHAH had provisionally accepted Hashmat College as its constit uent college; that if the students at Hashmat College were not permitted to take the first year M.B.B.S. examination, to be conducted by RIPHAH, the said students would suffer irreparably ; and that the fees for the said students had also been deposited with the P.M.&D.C. In making their submissions, learned counsel for the. petitioners placed reliance on the order dated 23.08.2016, passed by the Hon'ble Supreme Court in civil appeals No.888 to 890/2015. Learned counsel for the petitioners prayed for the grant of mandatory relief in the form of directions referred to herein above.
3. On the other hand, learned counsel for P.M.&D.C. assisted by the Registrar of P.M.&D.C. submitted that the recognition of a medical college by itself would not entitle the students admitted in such a college, to be permitted to sit in an examination; that the affiliation of a medical college with a university has to be approved by P.M.&D.C; that admissions in a medical college also have to be approved by P.M.&D.C; that admissions in Hashmat College was stopped, because an inspection of the said college was being resisted by its administration; that P.M.&D.C's website clearly mentioned that Hashmat College was under litigation; that Hashmat College did not obtain P.M.&D.C's approval for its affiliation with RIPHAH; and that the fees of students of Hashmat College submitted to P.M.&D.C. have already been returned.
4. Furthermore, it was submitted that in compliance with the order dated 06.03.2018, passed by this Court, an inspection of Hashmat College was carried out by P.M.&D.C.'s team; that the inspection report cannot be made public unless it is approved in a meeting of the Executive Committee of P.M.&D.C; that a meeting of the Executive Committee is scheduled to be held on the 29th of this month; that the inspection report has been submitted in a sealed envelope to this Court; and that the P.M.&D.C. will entertain and decide applications of Hashmat College or RIPHAH strictly in accordance with the law and the applicable regulations.
5. The Deputy Registrar of RIPHAH appeared and submitted that his counsel was unavailable. He submitted that the M.B.B.S. examination of RIPHAH's students and the students of the colleges affiliated with the RIPHAH had already been held in the month of January 2018. He further submitted that never in the past have two examinations of M.B.B.S. been carried out, for the same year batch; and that student recognition is the domain of P .M.&D.C.
6. Heard. There is no need to repeat the fact leading to the filing of the writ petitions.
7. On 14.12.201 1, the first comprehensive inspection of Hashmat College was conducted by the Pakistan Medical & Dental Council ("P.M.&D.C"). The inspe ction team recommended that Hashmat College should be recognized for 100 admissions annually after the P.M.&D.C, in its 119th meeting, held on 22.12.201 1, granted recognition to Hashmat College for the training of 100 M.B.B.S. students.
8. After complaints were received by P.M.&D.C. regarding the deficiencies of faculty and infrastructure in Hashmat College, the accreditation committee of P.M.&D.C. decided to conduct an inspection of the said college on 01.11.2013. An inspection on the said date could not be conducted, because Hashmat College had obtained an injunction from the civil Court.
9. On 27.11.2013, the Registrar of P.M.&D.C. in exercise of his powers conferred under regulation No.5(2) of the Medical & Dental Institutions (Recognition, Eligibility Criteria for Enhancement in Annual Admission and.
Accreditation Standards) Regulations, 2012 ("2012 Regulations") directed Hashmat College to stop further intake of medical students for the year 2013 until further orders. It was also decided to issue a public notice for awareness of the general public and to inform all concerned about Hashmat College. The Executive Committee of P.M.&D.C. also decided that Hashmat College be recommended to the Ministry of National Health Services, Regulations and Coordination (Government of Pakistan ), for its immediate closure. P.M.&D.C. unanimously approved the recommendations of the Executive Committee, in its meetings, held on 12.12.2013, and 27.01.2014.
10. It appears that the National Accountability Bureau ("N.A.B.") had also been looking into this matter and letter dated 24.01.2014 was addressed by N.A.B. for stern action against Hashmat College.
11. P.M.&D.C, vide letter dated 17.02.2014, requested Ministry of National Health Services, Regulations and Coordination (Government of Pakistan) to take necessary action against Hashmat College.
12. On 29.11.2016, Chaudhary Manzoor Ahmad, who was a Director of Hashmat College, filed writ petition No.4380/2016 before this Court, praying for a declaration to the effect that Hashmat College is a recognized Medical College. Furthermore, the said petitioner had prayed for an injunction restraining P.M & D.C. from stopping admissions in Hashmat College, and from taking steps for its closure. Notices in the said petition were issued on 02.12.2016, but no interim relief was granted. The said writ petition was disposed of, vide order dated 28.02.2017, which is reproduced herein below:-- "Learned counsel for the petitioner after seeking instructions has submitted that the petitioner's college is taking emergent steps to clear all the deficiencies in the petitioner's college so as to meet all the requirements under the Pakistan Medical and Dental Council ("PM&DC") Ordinance, 1962, read with all the applicable regulations.
2. Learned counsel for the PM&DC submits that the PM&DC shall carry out an inspection of the petitioner's college within a period of six months from today after due notice to the petitioner , so as to determine whether all the requirements under the said laws has been satisfied by the petitioner's college. In the event, the petitioner upon such an inspection, falls short of the requirements of the PM&DC, any admissions made in the interregnum, shall be at the risk and cost of the petitioner .
3. Disposed of in the above terms . This issues with the consent of the learned counsel for the contesting parties."
13. Vide letter dated 29.03.2017, P.M&D.C. requested the Principal of Hashmat College to give a convenient date for the inspection of the said college as early as possible. In the said letter , Hashmat College was cautioned not to publish any advertisement for admission. Furthermore, it was stated that if any student was admitted before the issuance of the permission by P.M&D.C, the responsibility of any adverse effect on the career of the students shall be entirely on "the 4380/2016 titled Ch. Manzoor Ahmad Vs. FOP and others'. Vide letter dated 17.05.2017, Hashmat College asked P.M&D.C. to conduct an inspection in the first or second week of August 2017. Thereafter , there was some correspondence between ..P .M&D.C. and Hashmat College, which is not on the record.
14. Vide letter dated 27.11.2017, P.M&D.C . informed Hashmat College that the latter had failed to intimate the date for an inspection. The Principal of Hashmat College was called upon to submit his legal and financial documents to P.M&D.C. in compliance with the 2012 Regulations. The P.M&D.C. once again categorically directed Hashmat College. not to publish any advertisemen t for admissions. Furthermore, Hashmat College was warned that if any student was admitted before the issuance of permission by P.M&D. C, the responsibility of any adverse effect on the career of the students shall be entirely on Hashmat College.
15. Vide letter dated 30.11.2017, Hashmat College informed the P.M&D.C. that the former had completed the admission process for the session 2017-18 and the prescribed fees had been submitted to P.M&D.C. For some bizarre reason, Hashmat College, in the said letter asked P.M&D.C. "to take notice that P.M&D.C. has not been registering. the students and faculty of the college in accordance of the law and Order dated 28.02.2017, passed by the LH.C." P.M&D.C. was called upon to immediately register the faculty and students of Hashmat College without further ado. Furthermore, Hashmat College asked P .M&D.C. to conduct the inspection on 26.12.2017.
16. Since an inspection was not conducted on the said date, Hashmat College filed a petition for contempt of Court (criminal original No.48/2018) before this Court against - the Registrar of P.M&D .C. On 14.02.2018, notice was issued to the respondent in the said petition.
17. On 05.03.2018, Hashmat College filed writ petition No.855/2018, praying for a direction to Respondent No.2 therein (i.e. RIPHAH International University ("RIPHAH")) to conduct first year M.B.B.S. professional examination of the students of Hashmat College before 15.03.2018 so as to save their career . Furthermore, Hashmat College prayed for a restraint against P.M.&D.C. from interfering with its running and from stopping it from making admissions. On 06.03.2018, when the said petition was first taken-up for hearing, Sara Rubab Nasir , Chief Legal Officer of P.M.&D.C, who was on watching brief, tendered appearance and subm itted that Hashmat College had resisted and delayed its inspection. She also submitted that P.M.&D.C.'s team can carry out an inspection of Hashmat College within a period of one week and submit its report to this Court; and that if, upon such inspection, Hashmat College satisfies the requirements of the P.M.&D.C. Ordinance and the applicable regulations, then the enrollment of students at the petitioner's college could be considered as regular .
18. As an interim measure, this Court, on 06.03.2018, passed the following order on Hashmat College's application for interim relief:-- "C.M. No. 02/2018.
Notice. Respondent No. l's team may carry out an inspection of the petitioner's college prior to the next date fixed, and submit a report in this regard on the said date. The petitioner shall not resist inspection being carried out by respondent No. 1. Since the petitioner is seeking mandatory injunction (i.e. a direction to respondent No. 2 to hold the M.B.B.S. 'examination of the students enrolled at the petitioner's college), the same cannot be granted at this ad-interim stage."
19. On 28.02.2018, writ petition No.791/2 018 was filed by Sara Mumtaz, who was a student at Hashmat College, before this Court praying for a direction to P.M.&D.C. to register her and other stude nts, at Hashmat College, and to permit them to take part in the first year M.B.B.S. examination to be conducted by RIPHAH.
20. On 10.03.2018, writ petition No.943/2018, was filed by 12 students of Hashmat College before this Court, praying for a declaration that the act of P.M.&D.C. in not permitting, the petitioners in the said petition to participate in the M.B.B.S. examination is without lawful authority . Furthermore, the said petitioners prayed for a direction to the respondents in the said petition to hold an examination for the petitioners on the completion of their term.
21. On 15.03.2018, an inspection of Hashmat College was carried out by P.M.&D.C.'s team pursuant to the order dated 06.03.2018, passed by this Court. The report of the inspection team was produced before me in a sealed envelope. In order for a medical college to be recognized, it has to obtain 750 out of 1000 marks. The inspection of Hashmat College culminated in the award of 414 out of 1000 marks. The covering letter of the said inspection report, is instructive, and the same is reproduced herein below:-- "Management of H.M.C. showed national teaching hospital after compilation of report with the claim that it is own 100 bedded hospital.
Checking the record provided, no such document or paper was available to prove the ownership. Moreover , no activity was seen regarding patients care.
Faculty itself showed a private hospital in small area & bed , stuffed in different chambers, clinic rooms, X-rays old model scopes, and perhaps no functioning CT Scan. Ownership and/or agreement documents needs to be provided to be considered by the PMDC Committee.
Sd/- 15.03.2018 Dr. Salim Khattak"
22. Had the Hashmat College passed the inspection carried out by P.M.&D.C.'s team, the admission of the students may have been recognized by P.M.&D.C, subject to the P.M.&D.C. Ordinance and the applicable regulations. However , given the fact that Hashmat College was not able to obtain the marks required for the recognition of a medical college, this Court can certainly not direct RIPHAH to conduct the M.B.B.S. examination of the students admitted by Hashmat Colle ge. It ought to be borne in mind that Hashmat College made the said admissions despite explicit warnings and cautions made by P.M. & D.C. in its letters dated 29.03.2017 and 27.11.2017.
23. The impression projected by Hashmat College that it was permitted by this Court, vide order dated 28.02.2017, passed by this Court in writ petition No.4380/2016 is misleading to say the least. It was explicitly written in the said order that if Hashmat /College falls short of P.M.&D.C.'s requirements, any admissions made in the interregnum, shall be at its risk and costs. Such an order , by no stretch of imagination, be interpreted as a permission to Hashmat College to admit students without it having satisfied an inspection carried out by P .M.&D.C.'s team.
24. In view of the above (especially paragraphs 21 to 23 above) I cannot, as an interim measure, direct RIPHAH to conduct an M.B.B.S. examination of the students admitted by Hashmat College or = to direct P.M.&D.C. to accord registration to the students admitted by Hashmat College and permit them -to participate in the M.B.B.S. examination.
25. Learned counsel for the petitioners laid stress on the order dated 23.08.2016, passed by the Hon'ble Supreme Court in civil appeals No.888 to 890/2015 by submitting that as an interim measure, the students enrolled at Hashmat College could be permitted to sit in the M.B.B.S. examination. Perusal of the said order shows that P.M.&D.C.'s team was to visit Al-Razi Medical College for an inspection, and submit its report on whether the said college met the minimum threshold of 750 credit points. In the said case, the Khyber Medical University was to accommodate the students at the said college. The facts of the case at hand are totally different. Hashmat College was not able to obtain the required 750 marks in the inspection that was carried out by P.M.&D.C.'s team just last week. In such circumstances, this Court cannot direct either RIPHAH or P.M.&D.C. to register the students admitted by Hashmat College to allow them to sit in the M.B.B.S. examination. To facilitate me in writing this order , I had requisitioned the case file of writ petition No.4380,'2016, titled "Chaudhray Manzoor Ahmad Vs. FOP and others", which was disposed of vide order dated 28.02.2017.
26. In view of the above and given the conduct off Hashmat College, it does not deserve any interim relief at this stage. However , If Hashmat College is still the constituent college of RIPHAH, and its students are registered with RIPHAH, the latter may (not shall) subject to its own statute and rules consider such students' applications for conducting the M.B.B.S. examination; and in the event, RIPHAH applies to P.M.&D.C. to accord registration to such students, it may decide the said application in accordance with the P.M.&D.C. Ordinance and the applicable regulations as well as the law laid down by the superior Courts. In the event, such applications are filed, it is expected that they would be decided expeditiously .
27. The original documents given in a sealed envelope to the Court are being returned to P.M.&.D.C. after retaining their copies.
28. The abovementioned CM.As are disposed of in the above terms. (Copy dasti).