Salahuddin Panhwar, J:- The (MDCAT) Medical & Dental Colleges Admission Test, is a paper- based test conducted in our country each year for those interested students, who want to pursue the undergraduate Medical and Dental Education in Pakistan. Thus, it is a pre-requisite for admission in all the Public and Private Medical and Dental Colleges in Pakistan. However, this decision pertains to the Constitutional Petitions No.D- 4850, D - 4732, D - 4737, and D-4758 of 2024, each addressing the issues relating to the recently conducted Medical and Dental Colleges Admission Test (MDCAT) 2024, administered by the Dow University of Health Sciences (DUHS). The petitioners have questioned the transparency and legitimacy of MDCAT-2024, citing alleged incidents of paper leakage, procedural irregularities, unfair/improper conduct of MDCAT 2024, at the respective testing venues, and other substantial concerns.
2. The learned counsel for the Petitioners contended, that the Constitutional Rights of Petitioners, particularly those as enshrined under Articles 4, 9, 14, 25, and 37, have egregiously been violated due to the shocking leakage of the MDCAT-2024 examination paper, which predominantly undermines their guaranteed rights to education and equal protection under the law. It is further argued that the petitioners through their respective constitution petitions, have expressed their serious concerns regarding the integrity, and fairness of the MDCAT-2024, citing that several students scored abnormally and unprecedently high marks, suggesting the advance access to the leaked exam paper. It is further argued, that the petitioners though made attempts to resolve these issues by approaching the respondents, which were however ignored and never considered, necessitating the judicial intervention. The arguments are referred herewith in view of previous instances, and judicial precedents where like nature examinations were annulled and retakes were ordered by competent courts of law, due to similar issues of paper leakage, establishing a legal precedent for such an action. The learned counsels for the petitioners, have further emphasized that the unfair advantage was fraudulently and collusively obtained by those who accessed the leaked exam questions, which compromises the merit-based admission system, affecting their prospects for medical school/college admission. It has further been contended that the Respondents have a bounden legal obligation to ensure a fair examination process, as outlined in the revived PMDC Act 2022, and regulations made thereunder for such purpose. The counsels argued, that the compromised examinations, like the present MDCAT 2024, undermines the public trust and confidence in our educational system, jeopardizing the future of aspiring medical students. Given the circumstances, the learned counsel for Petitioners seeks judicial intervention and indulgence and lastly have prayed before this court for passing of order to re-conduct/re- take the MDCAT 2024 examination, to ensure fairness and integrity in the admissions process.
Lastly, the learned counsel for Petitioners have prayed for allowing the Petitions-in-hand.
3. Per contra, the learned counsel for Respondent No.2 has argued that the PMDC is established under the revived PMDC Act 2022, which grants PMDC, the authority to conduct and regulate the admissions for the aspirants to the medical and dental colleges admissions, including the MDCAT.
The Council's actions are in compliance of its statutory powers. The Dow University of Health Sciences (DUHS), have though conversely as per their contentions have confirmed that allegations of MDCAT paper leakage are unfounded, asserting that no evidence have been placed on record, which supports the claims of misconduct, irregularities or cheating during the examination. It has further been argued that the MDCAT 2024, was conducted proficiently, with all the precautionary measures already put in place to prevent cheating. Instances of unfair practices were promptly addressed, with 88 candidates were caught while attempting to cheat during the exam. The counsel urged the court to respect the professional judgment and expertise of the academic bodies, asserting that courts should not intervene in educational matters, unless there is clear evidence of statutory violations. The argument emphasizes that allowing the petitions based on unfounded allegations could set a dangerous precedent, enabling any dissatisfied candidate to challenge the examination results without any substantial grounds. It is next contended that the MDCAT is a mandatory requirement for medical admissions and assessments, as established by the Honourable Supreme Court. The petitioners seek a retake based on unsubstantiated claims, which could disrupt the admissions process for thousands of other students who performed well legitimately. The PMDC having adhered to all the necessary regulatory frameworks and has conducted thorough pre-examination preparations, sharing intelligence reports with universities to mitigate risks of malpractice. The counsel for PMDC highlighted the issue of the MDCAT academies, who are misleading the students, by giving them false hopes and promises of success, suggesting that these academies are exploiting the situation by encouraging the students to litigate when their expectations are not met, and remain unfulfilled. The counsel firmly argues for the dismissal of the instant petitions as they are based on baseless allegations and an attempt to undermine the institutional autonomy of the all the related educational institutions in general and specifically the PMDC's regulatory authority.
4. The learned counsel for Respondent No. 3, asserts that the petitions are based on fabricated claims and false information circulated by anonymous sources, rendering them unsuitable for adjudication under the constitutional jurisdiction of this Court. It is further argued that the petitioners have not demonstrated any infringement of fundamental or vested rights, making the petitions non-maintainable. The counsel categorically denies all the allegations levelled in the respective constitution petitions, labelling them as false, frivolous, and fabricated. The MDCAT 2024, was conducted on September 22, 2024, under strict security protocols, with no evidence of mismanagement or cheating reported from independent sources. The counsel emphasizes that the alleged leaked paper was significantly different from the actual exam paper, indicating it was fabricated. No proof of any leaks prior to the examination was reported or provided. The argument highlights that only a small number of candidates scored exceptionally high marks, suggesting that the exam's difficulty was appropriate and that high scores do not indicate malpractice. The counsel references a case of impersonation caught during the exam, demonstrating the university's commitment to preventing unfair practices. It is pointed out that certain documents submitted by the petitioners (Annexure "H") are not relevant to the Dow University of Health Sciences (DUHS) and should be disregarded. The counsel asserts that DUHS conducted the MDCAT 2024, in proper compliance with the legal and regulatory standards, with no violations impacting any candidates' rights. The counsel argues that allowing the constitutional petitions to proceed would unjustly delay the admissions process for many students, based on baseless allegations.
The counsel concludes that the petition should be dismissed to prevent serious prejudice to Respondent No. 3 and to uphold the integrity of the examination process.
5. Pursuant to the Order issued on October 9, 2024, during the course of hearing of the aforementioned titled Constitution Petitions, with the mutual consent of all parties involved, this Court constituted a committee to investigate and assess the transparency of the Medical and Dental College Admission Test (MDCAT) 2024, which was administered in the Province of Sindh, by the Dow University of Health Sciences. The relevant paragraphs from the order Dated 9th October, 2024 are as follows: "3. Accordingly, with the consent of all respective parties, Secretary Health as well as Chief Secretary Sindh suggested that under the peculiar circumstances and looking into the allegations levelled in these petitions, a committee comprising of apprised officers may be constituted, who shall investigate the issue with regard to comparing the marks and the marks obtained in other provinces, besides irregularities pointed out at various centers. Though Secretary Boards and Education contends, that he has conducted meetings with representatives of IBA Karachi and according to IBA Karachi their capacity is not more than 10,000 students at once to conduct the test, however, test can be conducted separately in whole Sindh.
4. Accordingly, Chief Secretary Sindh is directed to notify a committee comprising of Dr. Shireen Narejo, Chairperson of the CMIT, Mr. Mureed Rahimon, Secretary of Aukaf (former Secretary Boards), President PMDC or his nominee, Director Cyber Crime, FIA Karachi including two members preferably experts of testing agency from IBA Sukkur and IBA Karachi; they shall conduct, thorough probe by fixing criminal and civil liability within 15 days from today regarding anomalies in the test. Committee would also be competent to seek assistance from any authority and to call complete record from the concerned university, who conducted the test as well as the record from the PMDC. The Committee would also be competent to record evidence if thinks fit.
Committee shall also invite objections and hear the petitioners if they are interested.
5. In addition to the mandate of the committee, the Director General, Cyber Crime, FIA shall initiate inquiry/investigation as per law by an upright officer, with the help of scientific tools, and submit such investigation report to the Committee accordingly.
6. Meanwhile, keeping in view of record, contentions of the parties, and anomalies discussed above, the test result as declared by PMDC shall not be finalized and operation of result 2024 is suspended till the next date of hearing and no institute shall start process of admission on the basis of this result.
7. Besides, the Secretary Boards and Universities shall further consult with other reputed testing agencies all over Pakistan regarding the retake process, if required, or MDCAT test in future. At this juncture, it is pertinent to mention here, that sub-section 4 of Section 17 of Pakistan Medical and Dental Council Act 2022, depicts that the valid result will be considered for next three years, therefore, during this stipulated period, Council shall conduct meeting regarding the applicability of referred section to the present year's batch in the context of the existing provision of last two years validation of result and applicability and whether such permission/provision can be bypassed or they shall consider for amendment in the Act.
8. According to President of PMDC, at present they are not in a position to conduct tests on their own as they don't have any question bank, however, they are preparing bank for future exams/tests.
9. With regard to PMDC, the question bank and future tests, to be conducted by them, it is pointed out, that in province of Sindh upto 2021 there were 850 marks [intermediate], nonetheless, in other provinces there were 1100 marks, besides even the pattern of education is totally different in other provinces, where physics and other science subjects were divided into Paper I and Paper II, whereas, in the Province of Sindh students were required to complete all chapters in one year.
Needless to say, that Bloom's Taxonomy Concept was not introduced/adopted in the province of Sindh, however, by the direction of this Court, in the last year Worthy Chief Minister Sindh approved that Science subject(s) shall be same all over Pakistan, however, Text Book Board was reluctant as they had already ordered for publication and perhaps those books may be provided in this year, hence, there is big difference of the course in Sindh province. Therefore, PMDC shall not conduct test on their own bank, that would cause serious prejudice to the province of Sindh's students and it shall be ensured that everyone has same right and quality of education to appear in the test with same syllabus particularly science subjects, however, after three years that may be applied".
6. To address the allegations presented by the Petitioners, this Court had constituted an investigative committee comprising the following members: Dr. Shireen Mustafa, Chairperson of the Chief Minister's Inspection, Enquiries and Implementation Team; Mr. Muhammad Mureed Rahimoon, Secretary to the Government of Sindh; Mr. Mujahid Akbar Khan, Director of Cyber Crime at the Federal Investigation Agency (FIA) in Karachi; Dr. Shaista Faisal, Acting Registrar of the Pakistan Medical and Dental Council (PMDC); along with experts from the Testing Agencies IBA- Sukkur and IBA Karachi. The committee was tasked with the following mandate: i. To probe into recent MDCAT regarding anomalies by fixing criminal and civil liabilities. ii. To look into various issues related to paper leakage including its timing by forensic investigation. iii. To analyses marks obtained with specific reference to lopsided results viz-viz candidates' previous academic results and / or by any specific area. iv. To invite objections and hear the Petitioners if they are interested to provide to the committee. v. The committee may refer to the order of the Honourable High Court of Sindh Karachi dated 09.10.2024 for further guidance, where necessary. vi. The committee may co-opt any officer of Government of Sindh/PMDC etc. vii. To submit its report within 15 days to the Chief Secretary Sindh.
7. Pursuant to the investigation, the Director, Cyber Crimes Wing (CCW) of the Federal Investigation Agency (FIA) Karachi, has submitted a comprehensive forensic report dated October 24th, 2024.
The report reveals that the MDCAT 2024 paper was disseminated through WhatsApp groups, specifically through the "Medico Engineer MDCAT" group, on September 21, 2024, at 8:16:41 p.m.
Furthermore, a forensic examination of a seized digital device recovered the deleted WhatsApp messages, which suggest that the MDCAT paper was circulated within multiple groups and to various individuals. In order to completely resolve this controversy, which has had a profound impact on all intended and interested students, their parents, and has far-reaching consequences, prior to referring to the committee's recommendations, it is prudent to reproduce herewith the report of the Director of the Cyber Crime Wing (CCW), which is an integral part of the committee's report, ENQUIRY NO. 2279/2024 DATED OF REGISTRATION18-10-2024 NAME OF COMPLAINANT & PARTICULARS NAME OF ALLEGED PERSONBilawal Mallah, Member Board of Directors, Human Rights Justice & Defenders Organization Dr. Sajid Mehmood Alvi, bearing CNIC 4210112922053 Dr Vinod Kumar having Whatsapp number 03441663347 Gist of Allegations: GIST OF ALLEGATIONS "A complaint was lodged regarding the leakage of the MDCAT-2024 entrance examination paper. The complaint alleges that the examination papers were disclosed and distributed illicitly prior to the exam date, potentially compromising the fairness and integrity of the examination process." Detail complaint is attached in the file.
ACTION TAKEN ACTION TAKENBrief facts are that the subject enquiry was registered on dated 18-10-2024 lodged by Bilawal Mallah, Member board of director, Human Rights Justice & Defenders Organization During the course of enquiry, the EO analyzed the matter and it came on record that, the subject number 03441663347 which distributed the MDCAT paper through WhatsApp belongs to Dr. Vinod Kumar R /o Tharparkar.
01. The Enquiry officer issued notice u/s 160 Cr.PC to the alleged Vinod Kumar who appeared before the Enquiry officer and his below mentioned digital device was seized. Vivo Y11 having IMEI 863655049152033 & 863655049152025 The digital device of the alleged was then refer to the Forensic laboratory for technical analysis. The forensic analysis report of the alleged device, it came on record. a. Above mentioned alleged Vinod Kumar is involved in sharing MDCAT leaked paper in different WhatsApp groups named as "Medico Engineer MDCAT" on date and timings 21/09/2024 8:16:41 pm. Above MDCAT leaked paper WhatsApp chats were deleted in evidentiary mobile phone and after digital forensics process, deleted WhatsApp chats were successfully recovered. b. Suspicious MDCAT leaked paper questions are shared via WhatsApp business chats in different following groups with their respective dates from number 923441663347 i. Medico Engineer MDCAT (5) on date and timing 21/09/2024 8:16:41 pm ii. Medico Engineer MDCAT (4) on date and timing 21/09/2024 8:16:41 pm iii. Medico Engineer MDCAT (3) on date and timing 21/09/2024 8:16:41 pm iv. Medico Engineer MDCAT (2) on date and timing 21/09/2024 8:16:41 pm v. Medico Engineer MDCAT on date and timing 21/09/2024 10:06:07pm c. Suspicious MDCAT leaked paper questions are also shared with following numbers individually from Whats App number 3441663347 i. 923091321878 on date and timing 22/09/2024 02:36:43pm ii. 923032408887 on date and timing 21/09/2024 10:39:41pm
02. During the course of the investigation, additional evidence was received implicating Dr. Sajid Mehmood Alvi, the second alleged individual, in the MDCAT paper leak. This evidence included voice notes and screenshots of messages.
Based on this material, the Enquiry Officer (E.O.) sought and obtained a search warrant for Dr. Alvi's residence, as per his Computerized National Identity Card (CNIC). The address listed was House R-152, Block 15, FB Area, Gulberg Town, and Karachi. The search warrant was granted by the Honorable Judicial Magistrate (JM), 1 Central.
However, upon execution of the search warrant at the specified address, it was revealed that Dr. Sajid Mehmood Alvi was not residing at the location provided.
Furthermore, the family tree and Call Detail Record
(CDR) of the alleged individual were obtained, which revealed additional addresses.
Reconnaissance missions were carried out at these locations, but no accurate or verified address of the alleged individual could be identified and his digital devices are not yet seized.
03. Furthermore the Enquiry officer along with the JIT Member Muhammad Aamir Zaib visited Dow University and the digital devices of the prime suspects were seized and are submitted for forensic analysis which is in progress. a. Tairq Safeer Ahmed S/O Safeer Ahmed bearingst CINC No 4210156313087. b. Yasir Hussain Sheikh S/O Ghulam Hussain Sheikh bearing CNIC No 4220106506007 c. Azhar Ali S/O Maqsood Ahmed bearing CNIC No 4240149332979 d. Muhammad Azeem S/O Muhammad Azad bearing CNIC 4210171815175 e. Faud Sheikh S/O Abdul Ghaffar bearing CNIC 4230109771221
8. Pursuant to the findings of the report, the committee convened its meetings and undertook all necessary measures, including the utilization of digital tools by the Cyber Crime Wing (CCW) of the Federal Investigation Agency (FIA). The committee obtained evidence through various sources, which included the seizing of mobile devices and the recovery of pertinent and important data.
Furthermore, the FIA issued formal notices to the individuals implicated in the paper leakage dilemma, thereby collecting substantial evidence. It was determined that the entire administration of the MDCAT examination conducted by Dow University in the Province of Sindh was compromised at all stages. Thusly the committee will continue to operate within its mandate and as tasked [see para 06 ibid] with submitting its findings and recommendations, for their proper implementation in future conduct of such examinations to the relevant authorities, without causing harassm ent to the aspirants to appear in MDCAT, especially by FIA. Nonetheless, the relevant findings of the committee are as follows: Findings
11. Based upon evidence presented by the petitioners, forensic report of FIA Cyber Crime Karachi and, detailed briefing given by the Controller of Examination, Dow University of Health Sciences, the findings of the enquiry are as follows:
(i) As per forensic report of the FIA, Cyber Crime Karachi, the paper was leaked at 8:16 PM on 21.09.2024 that is about 13 hours and 44/ minutes before the scheduled time of the MDCAT-2024- 25;
(ii) The evidence produced by petitioners suggests that the clue key' covering approximately 75% of the questions of the test paper was FIRST leaked at 3:09 AM on 22.09.2024, that is 06 hours and 51 minutes before the scheduled exam at 10.00 AM on 22.09.2024;
(iii) The test paper leakage was done in a form which may be described as "clue key leakage" or "tutorial guide" of the actual MDCAT 2024-25 Test Paper. The leaked paper or the clue key contained the gist, substance, or central idea of approximately 75% questions from the MDCAT- 2024 Test;
(iv) The review of the leaked clue key makes it profusely evident that this was not a mere guess paper. The level of detail and the accuracy of the information strongly suggest that the leaked clues were drawn directly from the test paper itself. The nature of the leak was far too precise to be considered speculative, leading to the conclusion that the so-called guess paper was, in reality, a strategic form of leakage designed to circumvent detection while still providing a significant unfair advantage to those with access to it;
(v) The leaked answer key for the MDCAT 2024-25 was cleverly crafted to avoid raising suspicion, allowing it to go unnoticed. It provided greater assistance to students who had studied extensively or were naturally more talented, as they were better able to take advantage of the subtle hints embedded within the key;
(vi) The Controller of Examinations stated that he reached out to the Principals of Colleges in Karachi to nominate professors/subject specialists of Physics, Chemistry, Zoology, Botany, and English. A total of nine professors, two each for Chemistry, Zoology, Botany and English and one for Physics, were chosen; seven of them belong to St. Joseph's College, and one each to Allama Iqbal Govt Girls Degree College and Govt College for Men, Nazimabad. Each subject specialist was tasked with preparing questions of his speciality, resulting in a databank of 422 questions for the MDCAT 2024 exam. The Controller of Examinations then personally compiled a test paper of 200 questions from this databank, following the PMC guidelines for MDCAT;
(vii) The size of question bank, comprising only 422 questions, was extremely small when compared to the requirement of 200 questions for the actual test paper. The smaller question bank could lead to easier access for individuals seeking to exploit the system, as there were fewer questions to choose from, making it simpler to leak or guess the exam content. With such a small pool, there was an increased risk of predictability in the test content, which could undermine the exam's integrity and its ability to accurately assess students' knowledge and skills;
(viii) The Controller compromised both the confidentiality and fairness of the testing process by assigning the task of question preparation to the same professors who were previously involved in preparation of questions for the previous two MDCAT exams. This decision was made without conducting thorough vetting or background checks on these individuals. By failing to introduce fresh contributors or implement stronger security measures, the Controller increased the risk of information leaks and conflicts of interest, jeopardizing the integrity of the examination. This lack of due diligence not only allowed for potential breaches but also raised concerns about the overall fairness and objectivity of the test preparation process;
(ix) The Controller also mentioned that he collaborated with four paper setters from his department for four to five days to finalize the test paper and create five different versions of it. He stated that these paper setters had access to their mobile phones throughout the paper finalization and setting process. He expressed his full confidence in them, stating that they had worked with him for a long time, which is why he had no concerns about the leakage of the paper or its contents. Such a blind trust could be termed as recipe for disaster;
(x) The Controller's failure to exercise proper care and due diligence during the process of finalizing and setting the test paper resulted in a significant breach of the paper's confidentiality.
By neglecting essential security protocols and oversight, he compromised the secrecy of the test and its contents. This lapse in safeguarding the process allowed for the creation and eventual leakage of a clue key, which contained crucial hints or summaries of the test paper. This breach ultimately undermined the integrity of the examination, as the clue key provided an unfair advantage to those who accessed it prior to the test;
(xi) The involvement of over 42 staff members in test paper printing. binding, and sorting process over a ten-day period significantly weakened the security surrounding the test paper and its contents. Although security cameras were installed around the premises and the use of mobile phones was prohibited, the sheer number of personnel involved and the extended duration of their access to the paper increased the risk of a security breach. Given the high stakes involved, the likelihood of the paper or its contents being leaked was considerable. The possibility of unauthorized mobile phone usage and the potential for collusion among staff members was particularly concerning, as those working closely together over time were more prone to forming alliances. Such alliances could facilitate the sharing of confidential information, further heightening the risk of leakage and compromising the integrity of the test;
(xii) The civil liability arising from the test paper leakage rests primarily with the Controller of Examinations and his core team within the examination branch, including those involved in the paper setting, printing, binding, and distribution processes. Their failure to maintain the required level of security and confidentiality throughout these stages makes them accountable for the breach. However, identifying the full scope of those involved in the actual leakage, including both internal and external actors, requires a thorough criminal investigation. Such an investigation will be necessary to uncover the organized network, or "leakage mafia," responsible for accessing and distributing the test paper contents, ultimately compromising the fairness of the exam. This probe would expose any collusion between insiders and outside parties that facilitated the leak, allowing for the appropriate legal consequences to be pursued against those involved;
(xiii) The data of 1,186 students who scored 187 or higher in MDCAT 2024, provided by Dow University of Health Sciences, was analyzed and compared with their percentage scores in Board exams. The resulting correlation coefficient of 0.06 indicates a very weak positive correlation between the MDCAT scores and the percentage marks obtained in the Board exams. A very weak positive relationship exists between MDCAT-2024 scores and Board exam results in the districts of Hyderabad, Karachi, Tharparkar, Umarkot, Jacobabad, Khairpur, Naushero Feroze, Sukkur, and Jamshoro, with correlation coefficients ranging from 0.1 to 0.2; whereas a very weak negative relationship exists between MDCAT scores and Board exam results in the districts of Dadu, Shaheed Benazirabad, Sanghar, Badin, Larkana, Mirpurkhas, Kambar Shahdadkot, Thatta, and Kashmore, with correlation coefficients ranging from -0.01 to 0.19. A weak positive relationship is observed in Ghotki (0.28) and Shikarpur (0.35), while a weak negative relationship is found in Sujawal (-0.34) and Tando Muhammad Khan (-0.37). A strong negative relationship is evident in Tando Allahyar (-0.8). As regards 51 students of Mazhar Muslim Model Schools of District Khairpur and Naushero Feroze who secured 187 or higher marks in MDCAT-2024, a very weak positive relationship (i.e. coefficient correlation of 0.16) exists in MDCAT score and Board exam results;
(xiv) The distribution of marks obtained by candidates across the districts exhibits an asymmetrical/lopsided pattern. A notably smaller percentage of students from Karachi (1.18%) and Hyderabad (1.47%) scored 187 or higher marks, while a significantly larger percentage of students from Tharparkar (7.92%) and Sujawal (7.32%) achieved the same score threshold. The statement displaying percentage of students of each district who secured 187 or higher marks may be perused at Annex-XXV. This disparity, where students from certain rural districts outperform those from highly urbanized areas in the MDCAT test, is difficult to explain;
(xv) The Controller of Examination, DUHS denied the allegation that 20 to 25 questions were out of syllabus. The committee is of the view that PMDC may be directed to carry out detailed analysis and furnish report;
(xvi) The matter of wrong answer keys needs to be immediately addressed by DUHS for each individual student on their request.
9. Upon reviewing the petitioners' evidence, the FIA Cyber Crime report, and a detailed briefing from the Controller of Examinations at Dow University of Health Sciences, the committee reached the following conclusive determinations:
1. The MDCAT 2024 paper was leaked approximately 13 hours and 44 minutes before the scheduled exam time.
2. A "clue key" covering approximately 75% of the test content was leaked 6 hours and 51 minutes prior to the exam.
3. The leaked paper or clue key contained summaries or key information covering about 75% of MDCAT 2024 questions.
4. The accuracy and detail of the leaked information suggests, that it was sourced directly from the official test paper.
5. The leaked answer key was devised to appear inconspicuous, facilitating its undetected dissemination.
6. The Controller of Examinations reported contacting college principals in Karachi to nominate professors specializing in Physics, Chemistry, Zoology, Botany, and English. Each specialist contributed questions to a databank containing 422 questions, a quantity grossly insufficient relative to the 200 questions required for the test.
7. The Controller compromised test integrity by assigning question preparation to the same professors who contributed to previous MDCAT exams, undermining confidentiality and impartiality.
8. The Controller collaborated with four departmental paper setters over four to five days to finalize the test paper and prepare five different versions, allowing these paper setters mobile phone access throughout the process.
9. Over 42 staff members participated in the printing, binding, and sorting of test papers over a ten-day period, which considerably weakened the security of the test paper.
10. Civil liability for the paper leakage rests with the Controller of Examinations and key personnel within the examination branch, including those engaged in paper setting, printing, binding, and distribution.
10. Based on these findings, the committee concluded unanimously that the integrity of the entire test process had been compromised, with sufficient evidence on record to warrant a retake of the examination. This decision aligns with recent Supreme Court's verdict, pronounced in the case of Hafsa Habib Qureshi and others VS Amir Hamza and others (PLD 2024 Supreme Court 724), wherein the Apex Court of Pakistan held that: "While there exists a general principle of judicial restraint, implying that courts should be cautious in intervening in the internal matters of educational institutions, it is not an absolute ban. This restraint is exercised with prudence, and courts may step in when university authorities exceed the defined scope of their authority or act in violation of the statutes. In such cases, the courts play a crucial role in upholding legal standards and ensuring that educational institutions operate within the bounds of the law. The delicate balance between non-interference and necessary intervention is maintained to safeguard the integrity of academic institutions while also holding them accountable to legal frameworks. However, in this case, the Peshawar High Court did not interfere in any affairs of the educational institution. Instead, it upheld the decision of the provincial government to retake the MDCAT, as the government is fully competent to conduct including the retake of the said test, in accordance with Section 17 of the Act. Keeping in view the above facts and circumstances and after careful consideration of the impugned judgment, this Court finds the impugned judgment to be a well-reasoned and judiciously crafted decision. The High Court, in its thorough analysis of the relevant legal principles and available facts, has arrived at a sound and reasoned conclusion that is both legally sound and just".
11. Moreover, all representatives of the Government of Sindh (the respondents in the present proceedings), along with counsel representing the Pakistan Medical and Dental Council (PMDC) and Dow University of Health Sciences (DUHS), upon reviewing of the recommendations, have unanimously agreed, that this present controversy merits a definite re-take of the respective entry examination (MDCAT).
12. Consequently, the Secretary, Universities and Boards Department, the Secretary, Health Department, and the Chief Secretary of the Government of Sindh, are directed to ensure that the MDCAT examination's re-take is conducted within four weeks from the date of issuance of this present order. This re-take of MDCAT 2024 examination shall be held on a single calendar date, with the Karachi Division retake test to be administered by IBA Karachi, and the remaining regions/divisions of the Province of Sindh, to be administered by the Sukkur IBA, University, Testing Service, (STS), with collaboration and co-ordination of both institutes, subject to their willingness and capacity to meet the standard, quality, confidentiality and human resources nevertheless, in case of incapacity and unwillingness of either of the institute ibid, the test be conducted by a single institute among them, in accordance of law and PMDC Policy. It is made clear that no additional fee of any kind shall be imposed on the candidates, as they have already remitted the requisite examination fee. The Government of Sindh shall procure the services of IBA Karachi and Sukkur IBA University, Testing Service (STS), to administer the retake of the MDCAT examination, province-wise on a single specified date and to be kicked off exactly on the same specified date and time throughout all the divisions of the province and the examination centres be selected keeping in view the easy access of the students, their timely arrival and seating. It is also directed that the test shall adhere strictly to the guidelines established by the PMDC for such purpose, and shall be based on the curriculum, as prescribed by the Sindh Textbook Board (STBB) and other educational boards across the province of Sindh. The test content shall reflect the diverse syllabi across all the educational boards in Sindh, ensuring uniformity and fairness for all the concerned and intended students from both public and private institutions, as structured in the MDCAT Curriculum 2023, inclusive of specified structure, weightage, and difficulty levels.
Needless to mention that delay in the retake may prejudice the rights of students, hence, shall be conducted preferably within four weeks.
13. It is established on record that Subsection 4 of Section 17 of the PMDC Act, 2022, validates the MDCAT test for a period of three years. It has also been noted that for the past two years, that the Dow University administered this test with a question bank not exceeding 400 questions only.
Thus, allowing validation for the current examination--especially since it will be conducted by a reputable institution with an adequate question bank--would penalize fresh candidates without just cause. Therefore, for this fresh retake test (MDCAT 2024) alone, this validation provision shall not be applicable, and last year's results will be rendered inapplicable to the current admissions process. Moreover, the 10% deduction rule, which is made applicable in case of improver/improving candidates shall also not apply to this fresh re-take MDCAT 2024, ensuring that all repeating candidates are considered on equal and same footings, to be considered as fresh candidates to preserve their fundamental rights and avoid undue prejudice. Needless to mention that PMDC as per record of last two years, shall register the candidates as fresh in the present retake of MDCAT 2024.
14. The Provincial Government of Sindh, and the PMDC shall establish joint and collective vigilance committees to oversee all test venues across Sindh during this retake. Moreover, it has also been observed during the course of the hearing of the present proceedings, that the results of the [second-year] Intermediate Examinations from the Boards of Intermediate and Secondary Education, at Mirpurkhas and Hyderabad, are still awaited and remains pending. Accordingly, the Secretary, Universities and Boards Department, Government of Sindh, is directed to ensure issuance of the result without fail and wastage of time. Henceforth all educational boards across province shall release the pending results, not later than but at least one month prior to the fresh re-scheduled retake of the MDCAT 2024 re-examination; in a similar vein, this time list shall be considered for upcoming MDCAT Test in future.
15. That, the Medical and Dental College Admission Test (MDCAT) in Pakistan is a highly competitive exam, serving as a gateway for students aspiring to join medical and dental colleges. However, in recent years, concerns have been raised about the integrity of the exam due to the proven allegations of paper leakage, including in the 2024 MDCAT. This issue has highlighted serious concerns amongst students, parents, and educational stakeholders. This judgement explores the causes behind paper leakage, the concerns it raises, and potential solutions. Needless to say, several key factors contribute to the leakage of MDCAT papers and significant cause is the presence of a weak regulatory framework within educational institutions and examination boards.
Without stringent oversight, and conventional causal approach, it becomes easier for individuals to gain unauthorized access to examination materials. Additionally, in some cases, there is inadequate coordination between the Pakistan Medical and Dental Council (PMDC) and the universities that administer the exam. This lack of consistency can result in lapses in security protocols, leading to vulnerabilities.
16. Another reason for paper leakage is the financial incentive. The high stakes associated with MDCAT mean that many individuals are willing to pay significant sums to obtain an unfair advantage. This demand creates a black market for exam materials, with some individuals within or around the examination administration system tempted to leak questions in exchange for money. In an environment where academic integrity is undervalued, such actions can thrive.
Moreover, there is often this lack of accountability mechanisms for those caught participating in or facilitating such premature release. Without strict penalties, there is little deterrence for individuals who might otherwise be tempted to compromise the exam's integrity.
17. The leakage of MDCAT papers has multiple repercussions. First and foremost, it is unfair to hardworking students who have dedicated months or even years preparing for the exam. When certain individuals gain an unfair advantage, it diminishes the efforts of genuine candidates and compromises the merit-based selection system that is crucial in the medical field. Aditionally, paper leakage can result in psychological distress for students. Many students experience heightened anxiety and stress when they feel their success depends more on unfair practices than their own preparation. This creates an unhealthy competitive atmosphere and can have long-term impacts on student's mental health.
18. Beyond the students, the present proceedings have helped us to arrive at such a conclusion and there are absolutely no doubts, as we are very clear in our minds and understanding, especially after the conclusion of the present proceedings relating to MDCAT 2024, that the integrity of the medical profession itself is at stake. If individuals enter medical colleges without earning their place, the overall quality of future healthcare professionals may decline. This could have far- reaching effects on public health and erode trust in the medical community. Through these proceedings, it has transpired that addressing MDCAT paper leakage requires a multifarious approach. Strengthening examination security is pivotal and essential. This could involve implementing advanced technological solutions, such as secure online testing environments with proctoring or using multiple versions of the test to make it difficult to share leaked questions widely.
Universities and testing bodies could also work with cybersecurity firms to identify and mitigate vulnerabilities in their systems for like nature future endeavours.
19. Transparency and accountability are also critical aspect and institutions should adopt a zero- tolerance policy for anyone caught in paper leakage schemes, ensuring strict consequences for such behaviour. This could include banning offenders from future exams and implementing legal penalties to serve as a deterrent. Alongside this, providing a clear process for reporting leaks and offering protection to whistle-blowers can also prove encouraging for the individuals to come forward when they witness malpractice. In addition, fostering a culture that values integrity within the educational system is crucial. By promoting honesty and ethical behaviour, institutions can discourage students from seeking shortcuts. This cultural shift could be supported by initiatives like awareness campaigns and training programs emphasizing the importance of merit-based achievements.
20. Indubitably, the problem of MDCAT paper leakage is complex, with multiple contributing factors.
However, by strengthening regulatory measures, fostering transparency, and promoting a culture of integrity, all stakeholders can work towards a fairer, merit-based medical admission process.
Addressing this issue will not only benefit students, but also ensure that the medical field is populated by individuals who are chosen, against the consideration of their knowledge, skills, and dedication.
21. The argument that courts must sparinglyinterfere in the administrative matters of educational institutions is based on the principle of institutionalautonomy and expertise in academic governance. Typically, courts respect the independence of educational institutions, understanding that they possess specialized knowledge in managing their internal affairs. However, this principle must be re-evaluated in cases, where significant irregularities, such as those witnessed in the MDCAT 2024 pre-admission tests, were surfaced. When allegations of malpractice, corruption, or procedural negligence come to light, Court's intervention becomes not only justifiable but necessary to uphold the deep-rooted principles of fairness and public confidence as held in the case of Hafsa Habib Qureshi ibid.
22. The recent controversy surrounding the MDCAT 2024 exams has cast a cloud of doubt over the entire examination process. Credible reports have emerged of paper leaks and administrative misconduct, which have severely undermined the integrity and credibility of this highly competitive examination. When issues of such magnitude surface, simply allowing the concerned educational institutions to handle them internally is problematic. Entrusting institutions embroiled in allegations of impropriety to investigate and resolve these matters raises serious concerns about accountability. There is a risk that internal inquiries may lack the necessary objectivity and thoroughness to uncover the full extent of the malpractices and hold the responsible parties accountable. This, in turn, jeopardizes the core meritocratic principles that are essential for ensuring fairness in competitive exams. Furthermore, when educational institutions fail to establish robust systems and adequate checks to secure transparent processes, it becomes imperative for the judicial system to intervene. The courts have a critical role to play in ensuring justice for the students and candidates whose academic and professional futures have been unfairly compromised by the lapses and irregularities in the MDCAT 2024 examination. Only through impartial, independent, and comprehensive investigations can the credibility of such important competitive exams be restored and the interests of the affected students be safeguarded.
23. Furthermore, the Courts have a constitutional responsibility to protect the citizens' rights, including the right to equal opportunity and fair treatment in public processes. The candidates preparing for MDCAT invest considerable time, effort, and financial resources, often facing intense pressure and competition. When examination procedures are compromised, it not only diminishes the value of their efforts, but also violates their right to a fair chance at success. By intervening in such cases, courts reinforce the importance of merit and set a precbedent that misconduct within educational testing bodies will not be tolerated under any stretch of imagination.
24. Another critical point is the impact on public trust. When high-profile cases like the MDCAT 2024 scandal remain unaddressed, it can significantly erode public trust in educational institutions and the credibility of the medical profession as a whole. When irregularities and malpractices are allowed to persist unchecked, it sends a message that these institutions lack accountability and rigorous oversight. Future candidates, as well as the general public, may begin to question the integrity of such institutions and doubt the qualifications of individuals who gain admission through flawed or compromised processes. This breach of public trust has far-reaching consequences. It undermines the reputation and social standing of the medical profession, which in turn can impact patient trust and confidence in their healthcare providers. Additionally, a lack of faith in the admissions process and educational standards can deter talented individuals from pursuing these fields, thereby negatively impacting the quality of future medical practitioners. Courts, by holding these institutions accountable and addressing clear instances of irregularities, play a vital role in restoring and preserving public trust. Their intervention is not an overreach, but a necessary action, constitutionally mandated to ensure fairness, uphold students' rights, and maintain the highest possible integrity of educational and professional standards. While judicial restraint is generally advisable in the administration of educational institutions, it cannot be upheld unconditionally.
When presented with substantial evidence of systemic issues or malpractices, the courts have a responsibility to step in and provide the necessary oversight and remedies. This ensures that the public can have confidence in the fairness and credibility of the educational system, which is crucial for maintaining the trust and social standing of the medical profession as a whole.
25. For the reasons set forth above, we disposed of the captioned petitions, along with pending applications, by means of a short order, accompanied by the following directives: i. The committee unanimously concluded that the entire test procedure was compromised, and sufficient evidence has come on record. Therefore, there is no other option except to retake the examination, in view of the dicta recently laid down by the Honourable Apex Court, in the case Hafsa Habib Qureshi reported as PLD 2024 SC 780. Moreover, all representatives of Government of Sindh (respondents), Council representing PMDC and Council representing Dow University, after reading of recommendations, have collectively agreed that this is a fit case of a retake of the subject entry test. Accordingly, the Secretary, Universities and Boards Department, Secretary Health Department, and Chief Secretary, Government of Sindh, shall ensure that the retake of the MDCAT examination is conducted within four weeks from today. ii. Retake shall be carried out on the same date, in Karachi Division, to be conducted by the IBA Karachi and for the rest of province of Sindh, it is to be conducted by IBA Sukkur on same date and time and in case of unwillingness and incapacity of either institute to conduct the test, it be conducted by other willing institute, who shall ensure transparency, confidentiality and fairness. iii. No fresh fees of any nature shall be charged from the students/candidates as they have already paid the testing fees, hence Government of Sindh, shall ensure to meet all expenditures and requirements/facilities required for the conduct of the retake MDCAT. iv. The counsel for PMDC conceded that it is within the domain of the Government of Sindh, to conduct the test through any Institute. Under these circumstances, the counsel for DOW University also agrees, that the retake of the test shall be conducted by any reputable institute.
Accordingly, the Province of Sindh shall hire the services of IBA Karachi/IBA Sukkur which shall ensure that the retake test is conducted throughout the Province of Sindh on the same date.
Needless to mention that the test shall be conducted following the relevant guidelines framed by PMDC, and from the syllabus taught by the Sindh Textbook Board and other Boards of the Federation and Universities in Province of Sindh, while keeping in view that there are different boards in the Province of Sindh with varying syllabi. Hence, the test shall be based on the syllabus being taught by the Government of Sindh to private and public sector institutions without any discrimination and with structure, weightage and difficulty levels given under MDCAT Curriculum 2023, which is as under: STRUCTURE, WEIGHTAGE AND DIFFICULTY LEVELS Structure Total number of MCQs: 200 Duration of MDCAT: 3.5 hours Format: Paper-based MCQs Minimum pass marks for Medical College Admission: 65% Minimum pass marks for Dental College Admission: 55% No negative marking Weightage Subject Weightage Percentage No. of MCQs Biology 34 68 Chemistry 27 54 Physics 27 54 English 9 18 Logical Reasoning 3 6 Total 100 200 Difficulty Level 20% MCQs----Easy 60% MCQs----Moderate 20% MCQs----Hard Note: In Biology, Chemistry and Physics section, 70% questions will be recall and 30% will be application level. v. It has been established on record that sub-section 4 of Section 17 of the PMDC Act, 2022, provides validation of the test for three years. It is also a fact that for two years, DOW University has been conducting the test with having no question bank above than 400 questions. Hence, if this validation is permitted for the recent test, which will be conducted by a reputable testing institute with a substantial question bank, fresh candidates will be penalized for no fault of their own. Accordingly, for this (retake) test only, this rule will not penalize the fresh candidates, and the validation of last year's result will not be considered for this year's admissions. Moreover, procedure provided for the reduction of 10% of marks for improver candidates, shall not be applied in the present retake, and therefore the repeaters shall be considered as fresh candidates, in order to safeguard their basic rights and prevent any prejudice against them. At this point, the learned counsel for PMDC was confronted, and he stated in his personal view that this validation is not justified; however, the statutory provision of the relevant Section 17 of the MDCAT Act, cannot be bypassed. He was further confronted with sub-section 2 of Section 17, which is reproduced below: Section 17(2) PMDC Act: No student shall be awarded a medical or dental degree in Pakistan who has not passed the MDCAT prior to obtaining admission in a medical or dental college in Pakistan: Provided that the mandatory requirement of MDCAT shall not apply to students seeking admission on a special program seat predefined exclusively for foreign students and on the seats reserved for overseas Pakistanis. vi. The learned counsel for PMDC admitted that students of NUMS (comprising eighteen medical colleges), Agha Khan University and other private selected universities are exempted by regulations, which is in violation of sub-section 2 of Section 17. Even those institutions are bound to ensure that their students appear in the MDCAT test and they will be registered by PMDC, even without appearing in the MDCAT test, just like foreign students, which is permissible under the law, they are exempted for this mandatory test. Since this court has taken cognizance of the situation and considered that the entire examination system is compromised and last two test were also conducted by the same university, this exception will not cause any prejudice to the candidates from the last three batches, as their marks as repeaters will not be reduced. It has been established on record that eighteen colleges and Agha Khan University, along with other private universities, are exempted from the MDCAT test, which is contrary to the law and basic principles governing equality of citizens as provided under Article 25 of the Constitution. Hence, PMDC shall revisit and amend the law with regard to validation of tests, and must ensure that there shall not be any discrimination between public and private universities, as guaranteed under Article 25 of the Constitution of the Islamic Republic of Pakistan 1973. vii. The Provincial Government and the PMDC shall ensure that they shall depute vigilance committees, for all the test retake venues across the Province. viii. It has come on record that yet Mirpurkhas and Hyderabad Boards have not announced the result of second year part of intermediate. Accordingly, Secretary Boards and Universities shall ensure that all boards shall announce result within one month before MDCAT Test in future; viii. The PMDC Act and Regulations provide that the test shall be conducted on the same date throughout the country. However, the manner in which it is to be conducted is within the domain of the Government of Sindh. Accordingly, the above-referred committee shall continue its mandate and fix liability on the delinquent individuals involved in this serious crime. The FIA inquiry shall also be completed within two months, in accordance with the law. It is also a matter of record that last year's retake test was conducted which is under the probe with FIA.
Hence, FIA shall conclude both inquiries in a similar manner within the stipulated period, in accordance with the law without harassment, pressure or prosecuting to the students, who are rather victims of the mafia making possible leakage of the paper by enticing the young minds.
Besides, it is germane to mention that Government of Sindh shall constitute a high power vigilance committee to ensure that examination process shall be completed with transparency on same day. ix. Candidates who appeared in the MDCAT examinations over the past two years, but whose results were either invalidated or annulled due to procedural irregularities--such as examination paper leaks or other violations--shall henceforth be classified as fresh candidates in the forthcoming MDCAT examination. It is further clarified that these candidates shall not be subjected to any penalties typically imposed on repeat attempts, including the 10% mark deduction ordinarily applied to repeat candidates. This directive aims to ensure equitable treatment for all candidates adversely impacted by compromised testing processes in prior years, thereby upholding the principles of fairness in admissions and mitigating undue prejudice.
26. For the detailed reasons articulated above with guidelines in addition to the short order, all the clubbed constitution petitions, along with all pending applications, have already been disposed of accordingly by this Court vide short order dated October 26, 2024. This judgment serves to provide the comprehensive rationale, supporting the short order pronounced earlier.