MUHAMMAD HASHIM KHAN KAKAR, C.J. Since common questions of facts and law are involved in all the above mentioned three petitions, as such, we propose to dispose of the same through this common judgment.
2. The question which has been put forward has once again come up through these Constitutional Petitions under Article 199 of the Constitution. This question is simple and does not require detailed deliberations; therefore we will be briefed in our opinion.
3. Briefly stated, facts of the case are that the petitioners were admitted to DG Khan Medical College despite securing less than 60% marks required by the Pakistan Medical and Dental Council
(PMDC) in the NIDCAT test. The admissions were granted in line with a decision made by the Provincial Admission Committee and the PMDC. Subsequent to the admission, their admissions have been withheld by the respondents, leading to the filing of these petitions.
4. The moot question for determination is whether the respondents are justified in withholding the academic results of petitioners despite the admissions being sanctioned by the Provincial Admission Committee and the PMDC. The answer is 'No', as they were admitted to the medical college under decisions made by the competent authorities, which included the Provincial Admission Committee and the PMDC. These bodies are tasked with overseeing and regulating admissions in the manner consistent with fairness and equity in the educational process. Their decision to admit the petitioners, despite the failure to meet the standard requirement, presumably took into account exceptional circumstances or policy changes intended to broaden access to medical education. Once an individual is admitted to an educational program by a competent authority, they should not be penalized nor should their rights curtailed, arbitrarily.
5. Even otherwise, the question regarding withholding the resultants by the Vice Chancellor, University of Health Sciences Lahore has already been answered by this Court in Constitutional Petition No.1304 of 2021, filed by one Tajalla Rathore, vide judgment dated 1st August 2022, whereby the impugned order/letter dated 18.06.2021 was set aside with specific directions to the respondents to reinstate the petitioner and allow him to continue his studies in DG Khan Medical College Dera Ghazi Khan being recommended candidate of MBBS Batch of session 2019-2020 against the reserved seat of Balochistan. The operating part of the judgment speaks as under: "For the above reasons, the Constitution Petition is accepted. The impugned order/letter dated 18.06.2021 issued by respondent No.3 is declared null, void and of no legal effect.
The admission and registration of petitioner in MBBS Course Session 2020-2021 in DG Khan Medical College Dera Ghazi Khan being recommended candidate of MBBS Batch of Session 2019-2020 against the reserved seat of Balochistan is declared lawful for all intents and purposes.
The petitioner is already taking classes of MBBS Course Session 2020-2021 in DG Khan Medical College Dera Ghazi Khan due to interim order dated 06.09.2021 passed by this Court. The petitioner shall continue his studies in MBBS Course Session 2020-2021 in DG Khan Medical College Dera Ghazi Khan.
Copy of the order passed today be sent to the respondents for information and compliance."
6. We are afraid that despite aforesaid directions, the petitioners once again were compelled to approach this Court for redressal of their grievances regarding withholding of the results by means of filing Constitutional Petition No. 363 of 2023, which was decided on 26th June 2023 with the following directions: "For the above reasons, the Constitution Petition is accepted. CMA No.1177 of 2023 under Section 151 C.P.C. read with Order XXXIX Rule 4 C.P.C. for recalling the interim order dated 17.04.2023 is dismissed. The respondents are directed to immediately declare the result of MBBS Second Profession Annual Examination of the petitioner with further directions for not creating any hindrance in the studies of the petitioner subject to decision of petition for leave to appeal by the Supreme Court".
7. The petitioners were admitted to DG Khan Medical College, securing seats reserved as part of goodwill and reciprocal arrangement intended to promote educational inclusivity and opportunities for the people of Balochistan. Despite fulfilling all academic and administrative requirements, the petitioners' results have been withheld. Petitioners have approached this Court seeking redressal for the withholding of their academic results for the third consecutive time. This act by the respondents has occurred despite specific directives from this Court aimed at preventing such an occurrence. Their rights have been infringed upon by the withholding of their academic results without any fault on their part.
8. We have painfully observed that respondents' failure to comply with the Court's previous orders to release the petitioners' results constitutes contempt of Court. Such disregard undermines the authority of the judiciary and fails to uphold the rule of law. Withholding the petitioners' results without justifiable cause, particularly in the context of a reserved seat arrangement, amounts to discrimination. This act not only prejudices the petitioners but also sends a discouraging message to the people of Balochistan, who are already suffering from sense of deprivation. Such act on the part of respondents not only affects the academic and professional future of the petitioners but also tarnish the spirit of the goodwill and reciprocal agreement between the regions, fostering resentment and mistrust.
9. It would also be relevant to mention here that keeping in view the peculiar circumstances of Balochistan, in the meeting of Provincial Admission Committee, also attended by Registrar of the PMDC, it was proposed to decrease the threshold from 60% to 50% to ensure availability of candidates for competition. While realizing the situation in the Province of Balochistan the then PMDC also agreed/endorsed the above decision of the syndicate of BUMHS in its meeting dated 06.12.2019 in the following words: "9. Admitting Universities of Balochistan and Sindh raised the issue of reduction in the minimum percentage for eligibility to enter in the merit list as it was likely that seats would not be filled with the higher benchmarks. It was clarified that the National Admission Committee had taken a decision in its meeting of 25th October 2019 that if seats are not filled the merit can be dropped by slabs of 5% each time to fill the seats subject to no students qualifying in the higher merit slabs. In this regard the priorities list was also stipulated by the National Admission Committee and was to be followed. To the specific query, it was clarified that in the event the lower slabs referred to in 2nd Priority did not result in filing of all seats then the lower slab of weightage can be dropped by a further 5%. Similarly if no students remain as qualified on the initial benchmarks on account of not qualifying in the minimum MDCAT bench mark as noted in the 2nd Priority this can be further reduced by 5% to enable students to qualify for remaining vacant seats subject to such benchmark not being reduced below 50% under any circumstance. "
In view of the minutes of BUMHS Provincial Admission Committee, dated 14.10.2019, minutes of 8th syndicate meeting dated 11.11.2019 and the endorsement of the same by the PMDC in its meeting dated 06.12.2019 as well as the orders dated 1st August 2022 and 26th June 2023, passed by this Court in Constitutional Petition Nos.363 of 2023 and 1304 of 2021, there was no occasion with the respondents to withhold the results of petitioners, as such, the respondents are directed to release the petitioners withheld results immediately. Failure to comply with this directive will lead to further legal action. Therefore, the respondents are directed to ensure that no further hindrances are placed in the academic pursuits of the petitioners. The respondents are further directed to take proactive steps to uphold the Court's order and prevent recurrence of such issues. The respondents are further directed to submit compliance report within 30 days of this order, detailing the actions taken to implement the Court's directives.
These are the reasons of our short order dated 17.4.2024.