KARACHI: The Sindh High Court (SHC) on Wednesday restrained the Pakistan Medical Commission (PMC) from conducting the Medical and Dental Colleges Admission Test (MDCAT) 2020, which was scheduled to be held on November 15, until the formation of an academic board and authority.

A division bench of the SHC, headed by Justice Muhammad Ali Mazhar, in a written order stated that in the absence of a validly constituted National Authority and not constituting the National Medical and Dental Academic Board, the Pakistan Medical Commission (PMC) is restrained from holding the MDCAT scheduled to be conducted on 15-11-2020.

However, the competent authority under Sections 10 and 15 of the PMC Act, 2020, shall within 15 days hereof appoint the National Medical and Dental Academic Board and the National Medical Authority in line with the said provisions; thereafter, within 10 days, the National Medical and Dental Academic Board shall review the formulation of the examination structure and standards for the MDCAT and announce common syllabus; thereafter MDCAT shall be conducted through the National Medical Authority on a date to be fixed and announced afresh at the earliest.

The court stated that all those applicants who had applied to the PMC and their application forms were accepted before the cut-off date shall be allowed to attend the MDCAT with the same registration and admit cards if any issued to them.

The court stated that temporary members to the National Medical Authority made by the Medical and Dental Council on 05-10-2020 said to be in exercise of powers under sub-section (2) of section 51 of the PMC Act 2020 are beyond the scope and compass of the said transitory provision.

The court elucidated that under sub-section (1) of Section 51 (transitory period), it is the federal government which shall provide officers on deputation for a period not exceeding 90 days as may be requested by the council to assist in the operations of the commission until members, officers and necessary employees of the commission are appointed.

Whereas in contrast, sub-section (2) only envisages the appointment of persons by the Council on contract basis; the niceties of sub-section (2) of Section 51 of PMC Act 2020 cannot be stretched or applied for the appointment of members of the National Medical Authority on temporary basis, the order stated.

Furthermore, the court observed that compliance of subsection (3) of section 15 of the PMC Act, 2020 has not been shown, which in fact explicates that the federal government on the recommendation of the Council shall from amongst the members listed in clauses (a) to (c) of sub-section (1) (of Section 15 of the PMC Act, 2020) appoint one member as the executive member who shall act as the executive and administrative head of the authority to exercise such functions in accordance with regulations as may be made by the Council.

Copyright Business Recorder, 2020