P.M.D.C. Ordinance

  1. A class on self-finance basis has been created for admission under notification dated 23.10.2013 — appellant case is that reservation of seats on self-finance basis is in violation of P.M.D.C. Ordinance and Regulations — P.M.D.C. Ordinance and Regulations have been adapted in AJ&K — the admission Committee framed admission policy, and criteria for admission has been fixed —validity of notification is to be considered in light of P.M.D.C. Ordinance, 1962 and Regulations made thereunder — whether reservation of seats on self-fiancé is violative of P.M.D.C. Ordinance and Regulations or not. Aroosa Nawaz & 7 others v. Azad Govt. & 61 others 2014 SCR 613 (B)
  2. S. 33 — in light of this section P.M.D.C. used to issue Regulations from time to time — last Regulation for admission in M.B.B.S/BDS course and conditions for admission in M.B.B.S. and BDS course were issued in the year 2013.  Aroosa Nawaz v. Azad Govt. 2014 SCR 613 (D)
  3. Section 33(1) of P.M.D.C. Ordinance empowers the council, that it may with previous sanction of Govt., make Regulations to carry out the purpose of Ordinance and prescribing a uniform minimum standard courses of training for obtaining graduate and post-graduate medical and dental qualifications. Aroosa Nawaz & 7 others v. Azad Govt. & 61 others 2014 SCR 613 (C)
  4. Part II of Regulation deals with admission in M.B.B.S. and BDS courses — Regulation 2 provides powers of Council for determining the number of seats in medical and dental institutions which lays down total annual admission in an M.B.B.S. course shall not exceed 350 in a public sector in medical institution and 150 in a private sector medical institution — Total annual admissions in BDS course shall not exceed 100 in a public sector dental institution and 80 in a private sector dental institution. Aroosa Nawaz & 7 others v. Azad Govt. & 61 others 2014 SCR 613 (E)
  5. Regulation 5 — deals with minimum academic requirements for admission in M.B.B.S./BDS course and Regulation 5(2) deals with admission on merit seats/Pakistan seats provided in the colleges and foreign seats/self-finance seats in public and private colleges. Aroosa Nawaz & 7 others v. Azad Govt. & 61 others 2014 SCR 613 (F)
  6. Regulation 5(2) A & C — egulation 5(2) a deals with the qualification and 5(2) c provides for reservation of 15% seats for foreign admission/self-finance.  The Regulation provides that if foreign admission/self-fiancé seats are left vacant in any college, a local student can be admitted on such seat subject to fulfillment of eligibility criteria for admission given in Regulation 5(2)a. Eligibility criteria for admission on overseas/foreign seats, has been laid down by P.M.D.C. in the Regulation providing therein the detailed reasons for reservation of seats for foreign and overseas admission.  Aroosa Nawaz & 7 others v. Azad Govt. & 61 others 2014 SCR 613 (G)
  7. P.M.D.C. reservation of seats — reasons — P.M.D.C. is of the view that family of Pakistan origin who are settled abroad desire that their children may get education in Pakistan — for providing an opportunity to them, seats have been reserved — the concept of reservation of seats on self-finance basis is recognized by P.M.D.C. Ordinance and Regulations made thereunder. Aroosa Nawaz & 7 others v. Azad Govt. & 61 others 2014 SCR 613 (H)
  8. In modern times higher educational institutions are introducing new disciplines and concept of exchange of students between different countries is rapidly growing — number of seats in educations institutions have been increased — education institutions under the guidance of HEC have introduced idea of self-finance scheme since long — admission on self-fiancé scheme was transferred to HEC in the year 2006 — limited number of seats in the disciplines of medicines (M.B.B.S.)dentistry (BDS), Pharmacy and B.Sc. (Engineering) to facilitate foreign as well as Pakistani origin dual nationality holder students, for their admission in universities/institutions of Pakistan. Aroosa Nawaz & 7 others v. Azad Govt. & 61 others. 2014 SCR 613 (I)
  9. In light of guidance of HEC the universities have introduced self-finance scheme not only for foreign students but also for Pakistan origin dual nationality holder students — idea of reservation of seats on self-fiancé basis is fully recognized not only by the HEC but also introduced by P.M.D.C. in the Regulations issued from time to time as well as in the latest Regulations for admission in the year 2013.  Aroosa Nawaz & others v. Azad Govt. & others 2014 SCR 613 (J)
  10. Reservation of seats is further supported from the prospectus issued by the University of Health Sciences Lahore — said prospectus is approved by the Govt. — is applicable in all the medical colleges in Punjab in public and private sector — various categories for admission have been provided in medical colleges —Entry No.VII relates to foreign students — Entry No. VIII relates to foreign students on self-finance basis — similarly seats are reserved in admission policy of K.P.K. on self-finance basis. Aroosa Nawaz v. Azad Govt. & others 2014 SCR 613 (K&L)
  11. Held: P.M.D.C. Ordinance empowers the Council to frame Regulations for admission and Regulation framed by P.M.D.C. recognized the reservations of seats on self-finance basis — therefore, the admission Committee has powers to reserve seats on self-fiancé basis. Aroosa Nawaz & 7 others v. Azad Govt. & 61 others 2014 SCR 613 (M)
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