According to DAWN, the Lahore High Court (LHC) has ordered the University of Health Sciences (UHS) to create MBBS/BDS merit lists that include revised marks of the aggrieved students.
“While the technicality imposed in the system is a policy concern, it infringes on the fundamental rights of 27 candidates under Article 37(c) read with Article 25 of the Constitution by creating a class inside a class,” Justice Shahid Jamil Khan wrote in his decision.
Fatima Nadeem and other classmates had petitioned for the directive. They claimed that the UHS refused to consider their petitions to include improved marks from the special examination in the final merit for admission to the MBBS/BDS session 2021-22.
The petitioners claimed that they submitted their online applications based on the original results of the Higher Secondary School Certificate (HSSC).
The online system, however, did not allow them to replace initial ratings with improved marks after the cut-off date of February 6th.
The claims for substitution of marks of 27 candidates were declined on technical grounds, according to the UHS counsel.
He said that under the admission policy, applicants who wanted to enhance their grades had to submit online under the category “delayed result candidates.”
“A total of 1,294 applicants selected this category while submitting their applications online, and they were given until February 6 to submit their improved marks through the system.” He stated that 27 applicants (including the petitioners) failed to pick the category of “delayed result candidates,” and as a result, “were refused submission of their enhanced numbers in the system in view of clause (vii), ibid, of the policy.”
Because of the confusion caused by the Pakistan Medical Commission’s (PMC) explanation letter, the petitioner’s attorney informed the court that the students were unable to select the appropriate category.
He said that the petitioners applied online before the PMC issued its explanation, and as a result, they were unable to select the above-mentioned category.
After hearing both sides’ arguments, Justice Khan found that the UHS was acting in bad faith by refusing to consider petitioners’ request for a mark substitution.
“This court is convinced that by refusing the petitioners’ request for substitution of marks, respondents are excluding them (petitioners) from being considered on merit on a technicality, which is a violation of the fundamental right under Article 25 read with Article 37(c) of the Constitution,” Justice Khan stated.
He directed the UHS vice-chancellor to ensure that improved grades of 27 applicants are included in their applications for admissions before the cut-off date and taken into account when the merit list is prepared.