SC doesn’t interfere: CJP
CJP observes that apex court will not do work of other institutions, but will enable them to discharge its duties effectively
ISLAMABAD: Chief Justice Umar Ata Bandial Monday said the Supreme Court (SC) does not interfere in domains of other institutions of the country but extends support so that they could discharge their duties in accordance with the law and constitution.
He was heading a two-member bench hearing a case pertaining to cancellation of registration of a medical student. He observed that the apex court will not do the work of other institutions, but will enable them to discharge its duties effectively.
He said: “We have done the same during the recently held by-elections. We did not interfere in the affairs of any institution but backed them and consequently fair, free and transparent elections took place,” the CJ remarked.
Counsel for Khyber Medical University Peshawar submitted before the court that a student, Rukhsana Bangash, had passed her second-year exam in her fifth attempt and similarly, had passed her subsequent exams in supplementary attempts as well. He contended that the rules and regulations did not allow a student to sit in the supplementary examination for fifth time.
“When the administration of the university came to know about the irregularities committed in the process, it cancelled the registration of the student, awarded by Pakistan Medical and Dental Council (PMDC),” the counsel told the court.
Justice Mansoor Ali Shah, another member of the bench, observed that the student had also cleared other parts in the supplementary examinations.
The chief justice observed that after completing the professional examination, the university administration cancelled the admission of the student as she could not acquire the fifth chance of sitting in the examination.
Both the administration of Khyber Medical University as well as the Pakistan Medical Dental Council (PMDC) committed negligence in the whole process and failed to take prompt action,” CJ Umer Ata Bandial remarked.
The chief justice observed that had the university administration taken action at the start of the process, its decision could have been declared valid. “After completion of the professional studies and starting medical practice, the cancelation of her registration with PMDC was severe injustice,” the CJP remarked.
The counsel for Khyber Medical University pleaded with the court to impose a penalty on the student. The court, however, rejected the counsel’s plea and observed that it was job of the university administration to do so, and not the court.
“Your client was sleeping and now asking us to wake up,” the CJ told the counsel. Meanwhile, the court upheld the decision of the high court restoring the registration of the student with the PMDC and dismissed the appeal of Khyber Medical University.
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