AGAINST THE GENERAL AMNESTY GRANTED BY THE PAKISTAN MEDICAL & DENTAL COUNCIL

BEFORE THE CITY HIGH COURT,

CITY BENCH

Writ Petition No. ___________-A/0000

Name, Name, City.

….PETITIONER

 

VERSUS

 

 

  1. of Province, through Secretary Health, Province, City.

 

  1. Name, through Vice Chancellor, Name, City.

 

  1. Controller of Examination, Name, City.

 

  1. Director Academics Name.

 

 

…RESPONDENTS

 

 

 

WRIT PETITION UNDER ARTICLE 199 OF THE CONSTITUTION OF ISLAMIC REPUBLIC OF PAKISTAN, 1973, SEEKING DECLARATION/ DIRECTION TO THE EFFECT THAT NOT ALLOWING THE 00 STUDENTS OF 0ST YEAR BDS OF THE PETITIONER-COLLEGE FOR APPEARANCE IN THE ONGOING EXAMINATION COMMENCED FROM 00/00/0000 BY THE RESPONDENTS ON THE GROUND OF OVER AND ABOVE STUDENTS, WHICH IS AGAINST RULES REGULATIONS, LAW AND ALSO AGAINST THE GENERAL AMNESTY GRANTED BY THE PAKISTAN MEDICAL & DENTAL COUNCIL VIDE ITS 000ND SESSION HELD ON 00TH Month 0000 AT CITY TO ALL OVER AND ABOVE STUDENTS OF ALL MEDICAL & DENTAL COLLEGES OF THE PROVINCE EITHER IN THE PRIVATE SECTOR OR THE PUBLIC SECTOR FOR THE SESSION 0000-0000 AND THEREBY NOT ALLOWING THE SAID STUDENTS TO APPEAR IN THE ON GOING EXAMINATION OF 0ST YEAR BDS FOR THE SESSION 0000-0000 IS AGAINST THE PM&DC DIRECTIONS AND THEREFORE NOT SUSTAINABLE AND LIABLE TO BE SET-ASIDE AND RESPONDENTS BE DIRECTED TO ALLOW THE SAID 00 STUDENTS TO APPEAR IN THE ONGOING EXAMINATION OF 0ST YEAR BDS AND THE PAPER IN WHICH THE SAID STUDENTS WERE NOT ALLOWED TO SIT, DIRECTIONS BE GIVEN TO THE RESPONDENTS TO TAKE SPECIAL PAPER FROM THE SAID STUDENTS AS THE RESPONDENTS ARE BOUND BY THE DIRECTIONS OF THE PAKISTAN MEDICAL & DENTAL COUNCIL.

———————————————————————

PRAYER; – ON ACCEPTANCE OF INSTANT WRIT PETITION, THE RESPONDENTS –UNIVERSITY BE DIRECTED TO ISSUE THE ROLL NUMBERS AND ALLOW THE SAID STUDENTS OF THE PETITIONER-INSTITUTE TO APPEAR IN THE ONGOING EXAMINATION OF 0ST YEAR BDS WITH IMMEDIATE EFFECT AND DIRECTIONS BE GIVEN TO THE RESPONDENTS TO TAKE SPECIAL EXAMINATION OF THE LEFT OUT PAPERS FROM THE SAID STUDENTS WHICH THE UNIVERSITY DID NOT ALLOW THE SAID STUDENTS TO APPEAR IN THE SAID PAPERS AS THE RESPONDENTS WERE BOUND BY THE DIRECTIONS OF PAKISTAN MEDICAL & DENTAL COUNCIL. ANY OTHER ORDER/ RELIEF/ DIRECTION WHICH THIS MONTH COURT MONTH DEEMS FIT AND PROPER IN THE CIRCUMSTANCES MAY ALSO BE GIVEN.

                             =========================================

Respectfully Sheweth;-

 

The facts giving rise to the instant constitutional petition are arrayed as under;-

 

  1. That the petitioner-college is a proper registered institute by the Pakistan Medical & Dental Council (PM&DC).

 

  1. That after admissions for the students in 0st Year BDS for the session 0000-0000 by the petitioner-college/ institute registration return for 0st Year BDS Students for the Session 0000-0000 alongwith the bank draft for Rs. 000,000/- dated 00/00/0000 as registration fee was also deposited with the respondents-university. Copy of letter dated 00/00/0000 alongwith bank draft and registration return form of all the students of 0st Year BDS are hereby appended as Annexures “A”, “B” & “C”.

 

  1. That after receiving of the registration forms, bank draft alongwith list of students, the respondents-university registered the said students without any objections to the same and also encashed the said bank draft of Rs. 000,000/- dated 00/00/0000.

 

  1. That thereafter, the students continued their studies with the petitioner-college without any restriction or problem.

 

  1. That vide letter dated 00/00/0000 the acting Registrar PM&DC informed the respondent No.0 about the decision of the council vide its 000nd meeting held on 00/00/000 and directed that the said decision of the council be implemented in its true latter and spirit. Copy of PM&DC letter dated 00/00/0000 is appended herewith as Annexure “D”.

 

  1. That thereafter, vide letter dated 00/00/0000 by the respondent No. 0 (KMU) all the affiliated, constituent, affiliated public private Medical & Dental colleges were informed about the said decision of the PM&DC through its 000nd meeting held on 00/00/0000. Copy of letter dated 00/00/0000 by KMU is attached herewith as Annexure “E”.

 

  1. That thereafter, in the wake of the said directions by the PM&DC, all the Medical Colleges either in public or private sectors were directed by the respondent No.0 (KMU) vide its letter dated 00/00/0000 to submit to affidavits amounting to Rs. 1000/- each that in future the colleges will not admit any over and above students more than the allowed seats by the PM&DC in MBBS or BDS programmes. Copy of letter dated 00/00/0000 is attached herewith as Annexure “F”.

 

  1. That similarly vide another letter dated 00/00/0000 by the respondent No.0 (KMU), the Director Academic & Admissions KMU directed the petitioner-institute to file another affidavit amounting to Rs. 1000/- regarding over admitted students. Copy of letter dated 00/00/0000 is annexed as Annexure “G”.

 

  1. That the petitioner-institute in the wake of the said directions of the respondent No. 0 (KMU) submitted the concerned affidavits and also submitted that no over and above admissions will be made after the Session 0000 onwards. Copy of letter dated 00/00/0000 by the petitioner-institute is attached herewith as Annexure “H”.

 

  1. That in the wake of the said affidavits and other documents, the Director Academic and Admissions KMU vide its letter dated 00/00/0000 directed the respondent No. 0 to conduct the examination for the registered students as per rules. Copy of letter dated 00/00/0000 is attached herewith as Annexure “I”.

 

  1. That vide letter dated 00/00/0000 annual examination forms of 0st Year BDS examination 0000 alongwith re-supply students alongwith bank draft was sent to the university. Copies of letter dated 00/00/0000 alongwith bank draft are annexed as Annexure “J” & “K”.

 

  1. That thereafter the petitioner –institute again vide letter dated 00/00/0000 informed the Director Academics & Admissions Name that necessary affidavits have already been submitted by the institute regarding the 00th Students as per list attached as drop out students however, the institute is claiming the extra admissions under the amnesty scheme of the PM&DC. Copy of letter dated 00/00/0000 is attached herewith as Annexure “L”.

 

  1. That after all the necessary formalities as required under the amnesty scheme of the PM&DC and submission of the same to the KMU, the respondents were bound under the law to issue the Roll Numbers of the over and above students and in this regard the respondents till the last date of issuance of Roll Numbers assured the petitioner-institute that the process of issuance of Roll Numbers is under process and the same will be issued very soon.

 

  1. That at the last moment the respondents refused to issue Roll Numbers to the said students and feeling aggrieved of the same, the petitioner-institute filed a civil suit before the learned Civil Court City.

 

  1. That the learned civil court vide order dated 00/00/0000 allowed the interim relief as prayed for with directions to the KMU to issue Roll Numbers to the said students of the petitioner-institute and also allow them to appear in the incoming examination of 0st Year BDS.

 

  1. That the respondents failed to comply with the directions of the order of the civil court and said that we do not care about any order of any civil court except Honourable High Court and in the said back drop of the case, the petitioner withdrew the said civil suit with permission to file afresh before the Honourable High Court. Copies of the order dated 00/00/0000 alongwith application for withdrawal of the suit alongwith withdrawal order are annexed as Annexures “M”, “N” & “O” respectively.

 

  1. That, feeling aggrieved of the illegal, unlawful, bias, arbitrary, malafide, discriminatory, without jurisdiction and beyond jurisdiction act of respondents, comes to invoke the extra ordinary jurisdiction of this Honourable Court by way of instant constitutional petition, inter-alia, amongst many others:-

 

GROUNDS;-

 

  1. That act of respondents University is apparently illegal, unlawful, arbitrary, discriminatory, malafide, biased and approved act of personal grudge with petitioners, hence, liable to be struck down.

 

 

  1. That future and career of the said students are at stake due to unlawful act of respondents’ university, and this Month Court having extra ordinary jurisdiction had assured the basic fundamental and legal rights of the citizen as per constitution ibid. Hence, the said students of petitioner-institute are entitled to appear in the ongoing examination so as to safeguard their future and career from going into waste.

 

  1. That the respondents failed to invoke the parental jurisdiction in petitioners’ case and acted as a step mother which is against the provision of the constitution and liable to be struck down.

 

  1. That non-issuance of Roll Numbers to the said students even in the wake of the amnesty given by the PM&DC vide its 00nd Meeting held on 00/00/0000 by the respondents is against the very norms of justice and fair play and is also bias, tented with malafide and therefore, not sustainable and respondents be directed to issue the said Roll Numbers to the said students of the petitioner –institute and allow them to appear in the ongoing 0st Year BDS examination without any hindrance.

 

  1. That the said act of the university is also against law as the PMDC being the statutory controlling body of all the Medical Education within Pakistan therefore, the respondents are bound to follow the directions of the PM&DC in latter and spirit as the said university is only examination body and cannot act beyond its jurisdiction and directions of the PM&DC.

 

  1. That similarly all the students including the over and above students were allowed recently by the respondents –university and no objection whatsoever was taken against the said over admitted student and 000 students appeared in the examination. List of registration of 0st Year MBBS students for the session 0000-0000 is attached herewith as Annexure “P”.

 

  1. That the respondent –university is bound to take the examination of the said 00 students of the petitioner institute as the respondent No.0 has also signed the affidavit in this regard. Copy of the affidavit signed by V.C KMU alongwith Principal AMIC is attached as Annexure “Q”.

 

  1. That, there is no other efficacious remedy is available to the petitioners except the instant writ petition.

 

  1. That notice/ intimation of filing the instant writ petition against the respondents has duly been served upon the respondents through registered post. Copies of notice & receipts are attached as Annexure “R”.

 

  1. That, other grounds will be urged at the time of arguments.

 

  1. That court fee stamp worth Rs. 500/- is affixed.

 

It is, therefore, most respectfully prayed that on acceptance of instant writ petition, the respondents –university be directed to issue the Roll Numbers and allow the said students of the petitioner-institute to appear in the ongoing examination of 0st Year BDS with immediate effect and directions be given to the respondents to take special examination of the left out papers from the said students which the university did not allow the said students to appear in the said papers as the respondents were bound by the directions of Pakistan Medical & Dental Council. Any other order/ relief/ direction which this august court may deems fit and proper in the circumstances may also be given.

 

 

INTERIM RELIEF;

 

It is further prayed that the petitioner-institute have brought good prima facie, arguable case and balance of convenience also tilts in their favour and would suffer irreparable loss, if the students of the petitioner-institute are not allowed to appear in the ongoing annual 0st Year BDS examination commenced from 00/00/0000, so as to safeguard their precious academic year and education career and directions be given to the respondent- university to immediately issue Roll Numbers and allow the said 00 students to appear in the ongoing examination of 0st Year BDS and similarly respondents be directed to take special examination of the left out 00 papers of Anatomy and Physiology for the said students.

 

 

 

…PETITIONER

Through

 

Dated: ___________/0000

 

(Name)

Advocate Supreme Court of Pakistan,

City

 

VERIFICATION;-

 

Verified that the contents of foregoing writ petition are true and correct to the best of my knowledge and belief and nothing has been suppressed from this Honourable Court.

 

 

…PETITIONER

 

 

BEFORE THE CITY HIGH COURT,

CITY BENCH

 

 

Writ Petition No. ___________-A/0000

 

 

Name, Name, City.

….PETITIONER

 

VERSUS

 

 

Name, through Secretary Health, Province, City & others.

…RESPONDENTS

 

 

WRIT PETITION

 

 

AFFIDAVIT

 

 

I, Name Admin Officer, Institute Name, do hereby solemnly affirm and declare on oath that the contents of foregoing writ petition are true and correct to the best of my knowledge and belief and nothing has been concealed from this Honourable Court.

 

 

DEPONENT

 

Identified by;

 

 

(Name)

Advocate Supreme Court of Pakistan,

City

 

 

 

 

 

BEFORE THE CITY HIGH COURT,

CITY BENCH

 

 

Writ Petition No. ___________-A/0000

 

 

 

….PETITIONER

 

VERSUS

 

 

Name, through Secretary Health, Province, Coty & others.

…RESPONDENTS

 

 

 

WRIT PETITION

 

 

CERTIFICATE

 

 

 

Certified that no writ petition has earlier been filed by the petitioner on the subject. It is prayed that the titled writ petition may pleased be fixed before Divisional Bench of this Honourable Court.

 

 

 

 

 

 

 

…PETITIONER

Through

Dated: ___________/0000

 

(Name)

Advocate Supreme Court of Pakistan,

City

 

 

 

BEFORE THE CITY HIGH COURT,

CITY BENCH

 

 

Writ Petition No. ___________-A/0000

 

 

Abbottabad

 

….PETITIONER

 

VERSUS

 

 

Name, through Secretary Health, Province, city & others.

…RESPONDENTS

 

 

 

WRIT PETITION

 

 

LIST OF BOOKS

 

 

 

  1. Constitution of Islamic Republic of Pakistan, 1973.

 

 

  1. Other relevant case law will be cited at Bar.

 

 

 

 

 

 

…PETITIONER

Through

Dated: ___________/0000

 

(Name)

Advocate Supreme Court of Pakistan,

City

 

BEFORE THE CITY HIGH COURT,

CITY BENCH

 

 

Writ Petition No. ___________-A/0000

 

 

Abbottabad

 

….PETITIONER

 

VERSUS

 

 

Name, through Secretary Health, Province, City & others.

…RESPONDENTS

WRIT PETITION

 

 

ADDRESSES OF THE PARTIES

 

Respectfully Sheweth;-

 

Addresses of the parties are as under;-

 

Name, Name, City.

….PETITIONER

VERSUS

  1. Name, through Secretary Health, Province, City.
  2. Name, through Vice Chancellor, Name, City.
  3. Controller of Examination, Name, City.
  4. Director Academics Name.

…RESPONDENTS

 

 

 

…PETITIONER

Through

Dated: ___________/0000

 

(Name)

Advocate Supreme Court of Pakistan,

/City

BEFORE THE CITY HIGH COURT,

CITY BENCH

 

Writ Petition No. ___________-A/0000

 

Name,Name, city.

 

….PETITIONER

 

VERSUS

 

Name, through Secretary Health, Name, City & others.

 

…RESPONDENTS

 

 

WRIT PETITION

 

INDEX

 

S.# Description Page No. Annexure
1. Writ petition alongwith affidavit & certificate 1 to 16  
2. List of books 17  
3. Addresses of the parties 18  
4. Copy of letter dated 00/00/0000 19 “A”
5. Copy of bank draft 20 “B”
6. Copy of registration return form of all the students of 0st Year BDS 21 to 25 “C”
7. Copy of PM&DC letter dated 00/00/0000 26 “D”
8. Copy of letter dated 00/00/0000 by KMU 27 “E”
9. Copy of letter dated 00/00/0000 28 “F”
10. Copy of letter dated 00/00/0000 29 “G”
11. Copy of letter dated 00/00/0000 by the petitioner-institute 30 to 31 “H”
12. Copy of letter dated 00/00/0000 32 “I”
13. Copy of letter dated 00/00/0000 33 “J”
14. Copy of bank draft 34 “K”
15. Copy of letter dated 00/00/0000 35 “L”
16. Copy of the order dated 00/00/0000 36 “M”
17. Copy of application for withdrawal of the suit 37 to 38 “N”
18. Copy of withdrawal order 39 “O”
19. List of registration of 0st Year MBBS students for the session 0000-0000 40 to 47 “P”
20. Copy of the affidavit signed by V.C KMU alongwith Principal AMIC 48 “Q”
21. Copy of minutes of 0nd session of PM&DC alongwith letter dated 00/00/0000 49 to 57 “Q-1”
22. Copies of notice & receipts 58 to 59 “R”
23. Court fee stamp paper worth Rs. 500/- 60  
24. Wakalatnama 61  

 

 

 

 

…PETITIONER

Through

Dated: ___________/0000

 

(Name)

Advocate Supreme Court of Pakistan,

city

 

 

 

 

 

 

 

 

 

 

 

 

 

OFFICE OF NAME

Advocate Supreme Court of Pakistan, office at City

 

 

To

 

 

  1. Name, through Secretary Health, Name, City.
  2. Name, through Vice Chancellor, Name, Peshawar.
  3. Controller of Examination, Name, City.
  4. Director Academics Name.

 

 

 

Subject:       NOTICE OF FILING OF WRIT PETITION.

 

 

 

On the advice of my clients Institute Name, City through Name, City, a writ petition is being filed before the Honourable city High Court, city Bench. A notice/ intimation of the same is being sent to you for information/ necessary action under the law. Copy of writ petition is attached herewith.

 

 

Dated: ___________/0000

 

(Name)

Advocate Supreme Court of Pakistan, City

 

Case No.  ____________

Date of Filing: ________

District: abc

IN THE CITY HIGH COURT,

CITY BENCH

OPENING SHEET FOR Writ Petition

 

Case Type: Writ Petition                            Nature of Original Proceedings:

 

Original Order Review/ Appellate/  Revision Order Bench
Forum Date S.# Forum Date
         
 

Interlocutory

 

 

Final Order

 

     Single Bench

 

 

      Divisional  Bench

 

 

      Full Court

     
     
     
     
     
     

 

1 Petitioner(s)*: abd CNIC**  ___________________
  Mobile No. _______________________________________  
  Address: abc
2 Petitioner’s Counsel*: Name CNIC**  00000-0000000-0
  Mobile No. 0000-0000000  
  Address: Name
3 Respondent(s)*: Name & others CNIC**  ___________________
  Mobile No. _______________________________________  
  Address: Addresses of respondents has correctly been given in the heading of writ petition.

 

Original Order/ Action/ Inaction Complained of

 

Writ Petition under Article 199 of the Constitution of Islamic Republic of Pakistan, 1973.

 

 

Prayer (in brief)

On acceptance of instant writ petition, the respondents –university be directed to issue the Roll Numbers and allow the said students of the petitioner-institute to appear in the ongoing examination of 1st Year BDS with immediate effect and directions be given to the respondents to take special examination of the left out papers from the said students which the university did not allow the said students to appear in the said papers as the respondents were bound by the directions of Pakistan Medical & Dental Council. Any other order/ relief/ direction which this august court may deems fit and proper in the circumstances may also be given.

 

Law/Rules governing the original proceedings/ Action/ Inaction

 

1.                  Constitution of Islamic Republic of Pakistan, 1973

2.                   

3.                  Relevant case law will be cited at the Bar.

 

 

 

Signature of Petitioner or Counsel: ______________________________ Date: ____________________

Author: admin