SC closes case that prompted Justice Isa to suspend ‘suo motu’ hearings

ISLAMABAD: The Supreme Court Tuesday disposed of a suo motu case concerning the grant of additional 20 marks to Hafiz-e-Quran for admission to the medical institutions under Regulation 9(9) of the MBBS/BDS (Admission House Job and Internship) Regulations, 2018.

A six-member bench of the apex court — headed by Justice Ijazul Ahsen — disposed of the case for being infructuous. Justice Munib Akhtar, Justice Sayyed Mazahir Ali Akbar Naqvi, Justice Muhammad Ali Mazhar, Justice Ayesha A Malik and Justice Syed Hassan Rizvi were the bench members. On March 29, a three-member bench of the apex court — headed by Justice Qazi Faez Isa and comprising Justice Amin-ud-Din Khan and Justice Shahid Waheed — issued a majority order by 2-1 in a suo motu case regarding the grant of 20 marks to Hafiz-e-Quran for admission in MBBS/BDS degree under Regulation 9 (9) of the MBBS and BDS (Admissions, House Job and Internship) Regulations, 2018. The court had ordered the postponement of cases being heard under Article 184(3) of the Constitution till amendments were made to the Supreme Court Rules 1980 regarding the discretionary powers of the chief justice of Pakistan to form benches.

Justice Shahid Waheed had dissented from the order.

The majority order held that neither the Constitution nor the rules grant the chief justice or the registrar the power to make special benches, select judges who will be on other benches and decide the cases that they will hear. On Tuesday, the court disposed of the suo motu matter being infructuous.

During the hearing, Afnan Karim Kundi, the counsel for Pakistan Medical and Dental Council (PMDC), submitted that after the repeal of the Pakistan Medical Commission Act, 2020 by the presently enacted Pakistan Medical and Dental Council Act, 2022, no fresh criteria had yet been provided for admissions to MBBS and BDS.

Under section 51(2) of the PMDC Act, 2022, the Medical and Dental Undergraduate Education (Admissions, Curriculum and Conduct) Regulations 2021 made under the repealed Pakistan Medical Commission Act, 2020 have been saved, which are being enforced at present till the PMDC is fully constituted and amends the said regulations or makes new ones.

He further submitted that the Medical and Dental Undergraduate Education (Admissions, Curriculum and Conduct) Regulations, 2021 do not grant any additional marks to students who are Hafiz-e-Quran. He further submitted that in view of the aforementioned facts, the MBBS and BDS (Admissions, Examinations, House Job or Internship) Regulations, 2018 (approved by this Court) and amended in 2019 which allowed the grant of 20 additional marks to Hafiz-e-Quran for admission in medical/dental college were not in force at present.

The counsel for Pakistan Medical Commission reiterated the stance taken in paragraphs 11, 12 & 14 and stated that the Medical and Dental Undergraduate Education (Admissions, Curriculum and Conduct) Regulations, 2021 which were the current regulations, do not grant any additional marks to the students who are Hafiz-e-Quran and the MBBS and BDS (Admissions, Examinations, House Job or Internship) Regulations, 2018 and amended in 2019 which allowed grant of 20 additional marks to Hafiz-e-Quran for admission in Medical/Dental Colleges are not in force.

In view of the stance taken by the PM&DC in their report and as submitted by their counsel on instructions that the MBBS and BDS (Admissions, Examinations, House Job or Internship) Regulations, 2018 and amended in 2019 which allowed grant of 20 additional marks for Hafiz-e-Quran for admission in Medical and Dental Colleges are not in force and the current Regulations namely Medical and Dental Undergraduate Education (Admissions, Curriculum and Conduct) Regulations, 2021 do not grant any additional marks to students who are Hafiz-e-Quran, no further proceedings in this suo motu case are required, says the court order.

It is pertinent to mention that after the order passed by Justice Qazi Faez Isa on March 29, the Supreme Court, through its registrar’s office, issued a circular disregarding Justice Isa’s order.

Chief Justice Umer Ata Bandial in the circular had noted that the observations made by the majority judgment in paras 11 to 22 and 26 to 28 were beyond the matter fixed before the court and “invokes its suo motu jurisdiction”. The SC registrar said the order violated the rules laid down by a five-member judgment.

Later, Justice Qazi Faez Isa asked the registrar to step down and asked the Establishment Division to immediately remove Ishrat Ali and prevent him from further damaging the reputation and integrity of the Supreme Court.

Justice Isa had said that neither the registrar had the power to undo judicial order nor the chief justice of Pakistan could issue administrative direction against it. Consequently, the Federal Cabinet the other day withdrew the services of Registrar Supreme Court Ishrat Ali.

However, after a three-member bench’s verdict on elections in Punjab and KP, Chief Justice Umar Ata Bandial on Tuesday directed Supreme Court (SC) registrar Ishrat Hussain not to leave the office immediately.