Medical colleges and universities: SHC dismisses petition against annual exam system

Sindh High Court (SHC) on Tuesday dismissed the petition against the annual examination system in medical colleges and universities, which sought the examination on semester basis. A two-member bench of SHC comprised of Justice Muhammad Ali Mazhar and Justice Agha Faisal gave this verdict in a petition, which was filed by medical students assailing the notification issued by the Jinnah Sindh Medical University ("JSMU"), which stated as per governing regulations the annual examination system is required to be followed, instead of the semester system earlier in place.
Judgment stated that Faizan A. Memon, Advocate argued on behalf of the petitioners and submitted that the changeover of the examination system from semester to annual was unlawful, hence, the notification may be set aside and the petitioners may be permitted to be assessed on a semester basis.
Counsel referred to the prospectus of JSMU and submitted that a modular system was recognized and referred to guidelines purportedly issued by JSMU dated 26.11.2014 wherein the semester system was said to have been recognized.
He submitted that the MBBS and BDS (Admissions, House Job and Internship) Regulations 2018 ("2018 Regulations") could only have prospective effect, hence, would not have any bearing on students already enrolled in medical institutions prior to the date upon which the said regulations were notified.
Counsel also referred to a resolution passed by the Academic Council of JSMU, in its 24th meeting held on 13.12.2018, wherein it was recorded that JSMU had adopted the annual system of examination as per directives of Pakistan Medical & Dental Council ("PMDC"), however, the JSMU had no objection and remained ready to continue with the semester system for current students if so permitted.
In view of the forgoing, it was argued that the notification may be declared unlawful and the petitioners may be permitted to continue with the semester system for the remainder of their educational career.
Sohail Hayat K Rana, counsel for PMDC submitted that the PMDC was the only regulatory body empowered to, inter alia, regulate medical institutions in Pakistan. It was further submitted that 2018 Regulations had been approved by the Supreme Court, vide its order dated 17.09.2018, and the said regulations provide for an annual system of examination and no other.
It was submitted that even otherwise prior to the 2018 Regulations there was no sanction for any institution to apply a semester system, as a bare perusal of the Regulations for the Degrees of the Bachelors of Medicine and Bachelors of Surgery 2003 ("2003 Regulations") and the Admissions in MBBS and BDS Courses and Conditions for House Job Internship Foundation Years Regulations, 2013 ("2013 Regulations") shows that there was no sanction for a semester based system.
Counsel submitted that notwithstanding forgoing the petitioners have no vested right to seek any system of examination to be implemented with regard to their education, as the same was policy decision squarely within the domain of the regulatory body.
Verdict observed that all 3 sets of regulations, being the 2003 Regulations, 2013 Regulations and the 2018 Regulations, have consistently maintained an annual system of examinations and there appears to be no novel innovation introduced vide the 2018 Regulations in such regard. If any medical institution has interpreted the applicable regulations in a divergent manner then the same is an issue between the respective medical institution and the regulatory body.