A division bench of the Lahore High Court (LHC) directed the Ministry of National Health Services, Regulations and Co-ordination, to proceed for restoration of the permanent statutory status of the PMDC as early as possible. The bench headed by Chief Justice Umar Ata Bandial was hearing an ICA filed by a private medical college challenging the decision of PDMC not allowing it to intake further students for the session 2014-15.
The bench, however, directed the PMDC to allow the petitioner Independent Medical College to intake the prescribed number of students for the session 2014-15. The bench said inspection team constituted by consent of the parties, through its report unanimously recommended the renewal of recognition of the petitioner's medical college and found it eligible for imparting medical education and training for 100 MBBS students.
The bench observed that keeping in view the exigency of the matter, it shall also ensure compliance of the court's directions in a timely manner by the transitory body/Executive Committee/Council of the PMDC, in letter and spirit.
The bench further observed that the PMDC has every right to carry out inspection of the petitioner-institution and by doing so it has not committed any illegality or irregularity. PMDC is a supervisory and controlling authority of the medical colleges and it could validly carry out its inspection and stop further intake of students in any institution if the deficiencies found during the inspection are not removed. The learned counsel has not been able to prove any mala-fide or ulterior motive on the part of the PMDC to take any biased action against the appellant Medical College, the bench added.
The bench further observed that the decision of the PMDC stopping further intake of students in the petitioner's college can, therefore, be claimed to comply with law and rules. However, if the petitioner maintains that its institution is not deficient in approved facilities at the time of issuance of impugned letter and the PMDC's decision is tainted with mala-fide it may have recourse to the appropriate legal remedy, the bench added.
The petitioner's counsel submitted before the court that PMDC has no authority to make decision qua recognition and number of students in the Medical Colleges and this authority vests in the Federal Government. He said the PMDC Ordinance, 1962 does not give any mandate to the council to carry out any sort of re-inspection. He said only under Regulation No 5 of the Medical and Dental Council Regulations, 2007, PMDC could only re-inspect in relation to renewal of recognition. He said the appellant has been condemned unheard and the appellant-college is being targeted to achieve illegal demands and for ulterior motives.
On the other hand, the counsel of PMDC submitted that the respondent-PMDC has every right to inspect or re-inspect or make surprise inspection of the medical colleges as being the regulatory body of the Medical Colleges. He said it has the authority to check the facilities available in the medical colleges which should be adequate for the total strength of their students. He said that the appellant-college did not allow the inspectors to undertake surprise inspection, therefore, restraint is rightly imposed against further intake of students/admissions and that the impugned letter has been issued in accordance with the applicable Law and Rules.
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