MUHAMMAD ALI MAZHAR, J.---The petitioner has approached this court for the declaration that there is no provision either in Pakistan Medical Commission Act, 2020 or the Admission Regulations, 2020 to refuse the petitioner an opportunity to appear in MDCA T which is to be held on 13.12.2020. It is further prayed that there is no restriction to give second chance to the petitioner that he tailed to avail the first chance. It is further prayed that directions may be issued to the respondent No.3 to allow the petitioner to appear in MDCA T on 13.12.2020.
2. On notice Mr. Zeeshan Abdullah advocate has filed vakalatnama for respondent No.3 along with comments in which it is clearly mentioned that the petitioner failed to apply to the PMC for his enrollment to appear in the MDCA T. He further argued that out of 126025 registered students 121310 appeared in the MDCA T throughout the country . It is further stated that MDCA T on 13.12.2020 is to be conducted only for 138 students who tested positive with Covid-19. The petitioner never got himself enrolled for MDCA T. He further , argued that there is no provision available in the PMC Act, 2020 to provide chance to appear after cutof f date of submission of online form for MDCA T to PMC.
3. Mr. Kamaluddin advocate has filed vakalatnama for respondent No.4 which was admitting university before promulgation of PMC Act, 2020 but after promulgation of PMC Act, 2020 there was no role of admitting university as under Section 18 of the Act, 2020 the responsibility to conduct MDCA T is of Pakistan Medical Commission throughout the country as single admissio n test. Mr. Kamaluddin advocate referred to the comments of respondent No.4 and argued that MDCA T was scheduled to be conducted through NTS by admitting university in old law on 18.10.2020 which was not conducted due to restraining order of the court, thereafter , the petitioner was to be enrolled with PMC in new Law but he failed to get his registration.
4. Heard the arguments. To start with, we would like to point out that in para-6 of the petition, it is stated by the petitioner that due to some unavoidable circumstances, the petitioner could not appear for his NTS on 18.10.2020.
In fact no test was conducted on 18.10.20 20 in view of the order passed by this court on 16.10.2020 in C.P. No.D- 4953 and C.P. No.D-5036 of 2020 on the notion that after promulgation of PMC Act, 2020, the MDCA T was to be organized and conducted under Section 18 of the of the PMC Act, 2020 by Pakist an Medical Commission and not by admitting university of province under old law therefore, the contention raised in para-6 is misconceived that due to some unavoidable circumstances, the petitioner could not appear . The proper mechanism was provided by the PMC for the registration of students/candidates for appearing in MDCA T with online registration facility and advertisements were also published in the newspapers. As stated by the learned counsel for the PMC that more than 126025 students got their online enrolments and 121310 appeared in the MDCA T on 29.11.2020, however , due to Covid-19 positive tests, PMC only separated 138 students so that their test may be conducted on 13.12.2020. No justification or any plausible reason has been shown by the petitioner in his petition, however , learned counsel for the petitioner as a fall back argument took the plea that petiti oner's relative died in Covid-19, therefore, he could not apply through online within the actual or extended date which is no justification. It is clearly reflecting from the order dated 28.10.2020 passed in C.Ps. Nos.D-4953, 5036, 5158 and 5237 of 2020 by this court that the last date for filing application forms to appear in the MDCA T was 02.11.2020 but on the request of learned counsel for the petitioners in that case the last date for filing application forms was extended up to 06.11.2020 in order to facilitate the students. The last extended date for filing MDCA T forms was expired on 06.11.2020 and this petition was presented on 30.11.2020 after delay of much reasonable time and after the date when the MDCA T was over on 29.11.2020. Once the cutof f date for filing applications has expired no such directions can be issued.
In the constitutional jurisdiction no such bad precedent can be made to extend the time for filing application form after expiry of cutof f date otherwise in all educational institutions and the competitive examinations everybody will come and claim such leniency and relaxation which will severely affect the discipline. The petitioner failed to point out any plausible justification for not applying within time when online application facility was also available. This petition is dismissed along with pending applications.