The Lahore High Court (LHC) has directed the University of Health Sciences (UHS) to compile the merit lists for MBBS/BDS admissions by including improved marks of the aggrieved students, reported DAWN.
“The technicality introduced in the system is [al]though a policy matter, but it offends fundamental rights of 27 candidates under Article 37(c) read with Article 25 of the Constitution by creating a class within a class,” Justice Shahid Jamil Khan ruled in his verdict.
The directive came on petitions filed by Fatima Nadeem and other students. They had contended that the UHS was not entertaining their requests to include improved marks obtained in the special examination while preparing final merit for admission to the MBBS/BDS session 2021-22.
The petitioners maintained that they filed their online applications based on the Higher Secondary School Certificate (HSSC) original results.
However, the online system did not allow them to substitute original marks with improved marks, the cut-off date for which was 6 February.
The UHS counsel apprised the court that the applications for substitution of marks of 27 candidates were denied on technical grounds.
He explained that under the admission policy, those applicants who intended to improve their marks were required to select the category “delayed result candidates” while applying online.
“As many as 1,294 applicants selected this category, while submitting their applications online, who were allowed through the system to submit their improved marks till 6 February. While 27 applicants (including the petitioners) failed to select the category of “delayed result candidates, ”therefore, were denied submission of their improved numbers in the system in view of clause (vii), ibid, of the policy,” he added.
The petitioner’s counsel informed the court that the students could not select the said category due to confusion created by the Pakistan Medical Commission’s (PMC) clarification letter.
He said the petitioners had applied online before the issuance of the clarification by the PMC, and therefore, failed to select the category mentioned above.
Upon hearing the arguments of both sides, Justice Khan ruled that the UHS was going against the merit by refusing to entertain petitioners’ request for substitution of marks.
“This court is convinced that by rejecting the request for substitution of marks, respondents are ousting them (petitioners), for a technicality, from being considered on merit, which is a violation of the fundamental right under Article 25 read with Article 37(c) of the Constitution,” Justice Khan observed.
He ordered the vice-chancellor of the UHS to ensure that improved marks of 27 applicants are included in their respective applications for admissions before the cut-off date and be considered while preparing the merit list.
