1 
 
IN THE SUPREME COURT OF PAKISTAN 
(Appellate Jurisdiction) 
 
PRESENT: 
Mr. Justice Gulzar Ahmed, CJ 
Mr. Justice Ijaz ul Ahsan 
Mr. Justice Qazi Muhammad Amin Ahmed 
 
 
Civil Appeal Nos.540 to 542 of 2021  
(Against the judgment dated 04.02.2021 passed by the Peshawar 
High Court Peshawar in W.P. Nos.2835-P/2020, 856-A/2020, 2971-
P/2020) 
 
 
Rehman Medical College & another  
(in C.A.540/2021) 
Women Medical and Dental College & another  
(in C.A.542/2021) 
Pak International Medical College through its 
Principal, Phase-V, Hayatabad & another  
(in C.A.541/2021) 
 
 
 
 
…Appellant(s) 
 
 
 
 
 
Versus 
 
 
Wafa Gul & others 
(in C.A.540/2021) 
Dr. Wafa Javed & others 
(in C.A.541/2021) 
Dr. Muhammad Ayaz & others 
(in C.A.542/2021) 
 
…Respondent(s) 
 
For the Appellant(s): 
Qazi Jawad Ehsanullah, ASC 
 
(in C.A.540,541/2021) 
 
Syed Haziq Ali Shah, ASC 
 
Mr. Muhammad Sharif Janjua, AOR 
 
(in C.A.542/2021) 
 
 
 
For Respondent No.76: 
Mr. Faisal Fareed, ASC 
 
For Respondent No.32: 
Syed Rifaqat Hussain Shah 
 
(in C.A.540-542/2021) 
For Respondent No.1,8,9,  
Mr. Muhammad Ijaz Khan Sabi, ASC 
36,69: 
(in C.A.540-542/2021) 
 
Remaining Respondent(s)  
Nemo 
 
For the Department  
Zia Ullah, Deputy Secretary Health, KP. 
 
 Date of hearing: 
09.11.2021. 
 
JUDGMENT 
 
 
 
 
Qazi Muhammad Amin Ahmed, J.- A controversy arisen 
out of common judgment dated 04.02.2021 by a learned Division Bench 
of the Peshawar High Court relating to the quantum of stipend to be 
Civil Appeal Nos.540 to 542 of 2021                                                                                 2 
paid to the graduates/internees from private medical colleges, doing 
house jobs, is being assailed through leave of the Court dated 
08.06.2021. The High Court directed the petitioners to pay the 
internees stipend in accordance with paragraph 21 of the MBBS and 
BDS (Admissions, House Job & Internship) Regulations, 2018 (the 
Regulations) that mandatorily requires the amount of stipend not less 
than the highest amount paid in any public sector of the province. It 
was in the backdrop of violation of this Regulation that brought the 
internees to the High Court to successfully claim equal treatment.  
2. 
 
Qazi Jawad Ehsan Ullah, learned ASC, as a lead counsel, 
argued that reliance by the Peshawar High Court on the Regulations 
ibid is misconceived inasmuch as after repeal of the parent Statutes i.e. 
the Pakistan Medical and Dental Council Ordinance, 1962 as well as 
Pakistan Medical and Dental Council Ordinance, 2019, subordinate 
arrangements thereunder were also cast away and, thus, it was for the 
appellants to settle a conscionable amount for the internees having 
regard to their numbers, commensurate with the services rendered by 
them; it is next argued that the learned High Court misdirected itself by 
requiring enforcement of Regulations, no longer in the field and, thus, it 
was not open for it to purportedly enforce a right that did not exist; it is 
further argued that the internees signed contract with the medical 
colleges prior to the enactment of Pakistan Medical Commission Act, 
2020 (the Act) and, thus, they cannot claim a past benefit accrued 
under section 27 (2) of the Act as no one can unilaterally alter or amend 
the terms and conditions of an agreement; it is last argued that no 
determination has yet been made by the Provincial Government with 
regard to fixation of honorarium for house job officers as envisaged 
under section 27 ibid and, thus, the impugned judgment is not 
sustainable. Syed Hafiz Ali Shah, learned ASC, has adopted the 
submissions made at the bar.  Respondents defended the impugned 
judgment maintaining that a well reasoned judgment merited no 
interference.  
2. 
 
Heard. Record perused. 
3. 
 
Though ingeniously articulated, nonetheless, we are not 
impressed by the submissions made at the bar. Completion of house job 
is a sine qua non for a medical graduate to embark upon his/her career.  
After payment of hefty fees in a long drawn academic session spanned 
over half a decade; it is the time he/she legitimately aspires hard work 
to bear fruit. A reasonable stipend, commensurate the nature/status of 
Civil Appeal Nos.540 to 542 of 2021                                                                                 3 
assignment is an equitable due, denial whereof contravenes the 
command provided under Article 3 of the Constitution of Islamic 
Republic of Pakistan, 1973. For the convenience of reference, it is 
reproduced below: 
“The State shall ensure the elimination of all forms of 
exploitation and the gradual fulfillment of the fundamental 
principles, from each according to his ability to each 
according to his work.” 
 
Similarly, disparity in payment of stipend to the graduates/internees of 
private medical colleges constitutes discrimination as it cannot be 
classified either reasonable or sustainable on the touchstone of any 
intelligible differentia. Reference to the mutually settled agreement 
cannot override statutory arrangements extending benefit to the 
respondents. The High Court has rightly taken care of these aspects of 
the case by clearly referring to the statutory arrangements holding the 
field. Reference may be made to section 27(2) of the Act which 
unambiguously provides that “…….public colleges and private colleges 
shall pay a stipend or salary not being less than the amounts applicable 
to the public colleges”. Argument that Government has not yet made 
any such determination and as such the private colleges are within 
their remit to determine the amount of stipend as per their own choice 
is entirely beside the mark. Appeals fail with no order as to costs. 
Dismissed. 
 
 
  
 
 
 
Chief Justice 
 
 
Judge 
 
 
Judge 
Islamabad, the 
9th November, 2021 
Azmat/- 
