IN THE SUPREME COURT OF PAKISTAN 
(Original Jurisdiction) 
 
 
PRESENT: 
MR. JUSTICE IJAZ UL AHSAN 
MR. JUSTICE MUNIB AKHTAR 
MR. JUSTICE SAYYED MAZAHAR ALI AKBAR NAQVI 
MR. JUSTICE MUHAMMAD ALI MAZHAR 
 
 
MRS. JUSTICE AYESHA A. MALIK  
MR. JUSTICE SYED HASAN AZHAR RIZVI 
 
 
SUO MOTO CASE NO.04 of 2022 
(GRANT OF ADDITIONAL 20 MARKS TO HAFIZ-E-QURAN WHILE 
ADMISSION IN MBBS/BDS UNDER REGULATION 9 (9) OF THE MBBS 
AND 
BDS 
(ADMISSION 
HOUSE 
JOB 
AND 
INTERNSHIP) 
REGULATIONS, 2018). 
 
 
IN ATTENDANCE:  
 
For PMDC 
: 
Mr. Afnan Karim Kundi, ASC 
 
 
 
On Court’s Notice  
: 
Ch. Aamer Rehman,  
Addl. Attorney General for Pakistan  
 
 
 
Date of Hearing 
: 
04.04.2023 
 
 
 
ORDER 
 
 
 
This Suo Motu Case bearing No.4 of 2022 was 
initiated pursuant to an order passed by a two member 
Bench of this Court dated 10.01.2022 in the following terms: 
“However, this petition has brought to the fore regulation 9(9) 
of the Regulations and the awarding of twenty additional 
marks to those candidates who had memorized the Holy 
Qur’an. Whether the memorization of the Holy Qur’an is a 
relevant criteria for the determination of the candidates for 
an MBBS or BDS degree needs consideration. It also needs 
to be considered whether regulation 9(9) of the Regulations 
conforms with Article 25 of the Constitution of the Islamic 
Republic of Pakistan. Therefore, while dismissing this 
petition we retain its paper-book to consider this aspect of 
the case. Notice  be issued to the Pakistan Medical and 
Dental Council, which we are informed is now the Pakistan 
Medical Council, (‘the Council’) and the Council is directed 
to submit a concise statement which should address the 
aforesaid queries and to explain how the memorization of the 
SMC.No.04/2022 
                                                                               2 
 
 
 
 
Holy Qur’an makes a candidate more eligible for an MBBS or 
BDS degree. The Council should also file the decision which 
lead to the incorporation of regulation 9(9) in the Regulations 
and the reasons, if any, for such incorporation. Notice be also 
issued to the Attorney-General for Pakistan in terms of Order 
XXVII-A of the Code of Civil Procedure, 1908.” 
 
2. 
 
It appears that the office issued notices to all 
concerned 
to 
file 
concise 
statements. 
Such 
concise 
statements were not filed and this fact was brought to the 
notice of the learned members of the Bench by way of an 
office note placed before them in Chambers. The record 
indicates that the office was directed in the following terms: 
“Since 
the 
concerned, 
despite 
four 
reminders, 
have 
adamantly refused to respond, it may be appropriate to fix 
this matter in Court to the extent of the points noted in 
paragraph 2 of the order dated 10.01.2022.”  
 
 
 
The office accordingly sought appropriate orders of 
the Hon’ble Chief Justice of Pakistan. On the said office note, 
the HCJP passed the following order: 
 
“Treat the order dated 10.1.22 as recommendation 
for invocation of suo motu jurisdiction. Allowed.”  
 
3. 
 
In view of the above, the HCJP constituted a three 
member Bench comprising Mr. Justice Qazi Faez Isa, Mr. 
Justice Amin ud Din Khan and Mr. Justice Shahid Waheed, 
JJ to consider the questions framed in the order dated 
10.01.2022 passed in Civil Petition No.397-K of 2020. The 
matter was fixed before the said Bench on 15.03.2023 when 
the learned Bench instead of examining the matter regarding 
grant of additional 20 marks to Hafiz e Quran for admission 
in MBBS and BDS programs under Regulation 9(9) of the 
SMC.No.04/2022 
                                                                               3 
 
 
 
 
MBBS and BDS (Admissions, Examinations, House Job and 
Internship) Regulations, 2018 made an order released on 
29.03.2023 on matters which were neither raised in the 
petition (CP#397-K of 2020) which had already been 
dismissed nor had any nexus or connection with such 
questions and was totally alien to the lis before the Court. 
This order was clearly not final and was of an interim nature 
since the SMC was not disposed of by means thereof, but 
remained pending.   
 
4. 
 
In response to the notice, Pakistan Medical & 
Dental Council (“PM&DC”) has filed a CMA bearing No.2057 
of 2023 which consists of a report in compliance with the 
orders of this Court dated 10.01.2022 and 15.03.2023 on 
behalf the PM&DC. Paragraphs 11 & 12 of the report state as 
follows:- 
“11.   That after repealment of the Pakistan Medical 
Commission Act, 2020 by the presently enacted Pakistan 
Medical and Dental Council Act, 2022, no fresh criteria has 
yet been provided for admissions to MBBS and BDS. Under 
section 51(2) of the PMDC Act, 2022, the Medical and Dental 
Undergraduate Education (Admissions, Curriculum and 
Conduct) Regulations 2021 made under the repealed 
Pakistan Medical Commission Act, 2020 have been saved 
which are being enforced at present till such time as the 
PMDC is full (sic) constituted and amends the said 
regulations or makes new ones. 
 
12.  
That 
the 
Medical 
and 
Dental 
Undergraduate 
Education 
(Admissions, 
Curriculum 
and 
Conduct) 
Regulations, 2021 do not grant any additional marks to 
students who are Hafiz-e-Quran.” 
 
SMC.No.04/2022 
                                                                               4 
 
 
 
 
 
 
Further, in paragraph 14 of the report it has been 
reiterated as follows: 
“14.   That in view of the aforementioned facts, it is apprised 
to the Honorable Court that the MBBS and BDS (Admissions, 
Examinations, House Job or Internship) Regulations, 2018 
(approved by this Hon’ble Court) and amended in 2019 
which allowed grant of 20 additional marks to Hafiz e Quran 
for admission in medical/dental college are not in force at 
present.”    
 
 
5. 
 
The 
learned 
counsel 
for 
Pakistan 
Medical 
Commission (“PMC”) has reiterated the stance taken in 
paragraphs 11, 12 & 14 reproduced above and has 
categorically stated in view of the fact that under the Medical 
and 
Dental 
Undergraduate 
Education 
(Admissions, 
Curriculum and Conduct) Regulations, 2021 which are the 
current Regulations, do not grant any additional marks to the 
students who are Hafiz e Quran and the MBBS and BDS 
(Admissions, 
Examinations, 
House 
Job 
or 
Internship) 
Regulations, 2018 and amended in 2019 which allowed grant 
of 20 additional marks to Hafiz e Quran for admission in 
Medical/Dental Colleges are not in force. He therefore 
maintains that this Hon’ble Court was not properly assisted 
in the matter as it was already a dead issue when the order 
dated 10.01.2022 was passed. This position is dispositive of 
the SMC. 
 
6. 
 
Turning to the order dated 15.03.2023 announced 
on 29.03.2023 its perusal clearly shows that it constitutes a 
fresh suo motu invocation of jurisdiction relating to questions 
involving constitution of Benches, the power of the HCJP as 
SMC.No.04/2022 
                                                                               5 
 
 
 
 
the Master of Rolls to constitute Benches and a prohibition 
order 
bearing 
No.F.No.3(07)/2023/OPS-BM/4419 
dated 
09.03.2023. Through the said prohibition order, Pakistan 
Electronic 
Media 
Regulatory 
Authority 
(“PEMRA”) 
had 
forbidden all satellite TV channels to telecast anything 
against the State institutions and not to discuss the conduct 
of Hon’ble Sitting Judges of the High Courts and the Supreme 
Court in any manner. 
 
7. 
 
In paragraph 28 of the interim order in question it 
was stated as follows: 
“The interest of citizens therefore will be best served to 
postpone the hearing of this case and of all other cases 
under article 184(3) of the Constitution till the matters noted 
hereinabove are first attended to by making requisite rules in 
terms of article 191 of the Constitution” 
 
 
 
The order sheet reflects that the order was signed 
on 29.03.2023 by two Hon’ble members of the Bench namely 
Qazi Faez Isa and Amin ud Din Khan, JJ while the third 
Hon’ble member of the Bench Shahid Waheed, J noted as 
follows : 
“As the points raised and discussed in the order were not the 
subject matter of the case, I disagree and will record 
separate dissenting note”.  
 
 
 
Such dissenting note was accordingly issued on 
30.03.2023. We have carefully examined the majority 
judgment as well as the dissent recorded by Shahid Waheed, 
J. We are in no manner of doubt that the order dated 
15.03.2023 invokes suo motu jurisdiction of this Court and is 
therefore clearly violative of the principles settled in a five 
SMC.No.04/2022 
                                                                               6 
 
 
 
 
member judgment of this Court recorded in SMC No.4 of 
2021 reported as Enforcement of Fundamental Rights with 
regard to Independence of Press/Media (PLD 2022 SC 306) 
which clearly and categorically lays down the rule that the 
suo motu jurisdiction of this Court can only and solely be 
invoked by the HCJP. The majority order also appears to be in 
violation of the well settled rule of law, which is axiomatic, 
that the Chief Justice is the master of the roster. The order 
was 
therefore 
both 
without 
and 
beyond 
jurisdiction. 
Therefore, we are respectfully of the view that the order dated 
15.03.2023 passed by two Hon’ble members of the Bench was 
inoperative and ineffective when made, was such at all times 
thereafter and continues to remain so.  
 
8. 
 
It appears that the order was brought to the notice 
of the HCJP who was pleased to observe as follows: 
 
“The observations made in paras 11 to 22 and 26 
to 28 of the majority judgment of two to one travel 
beyond the lis before the Court and invokes its suo motu 
jurisdiction. 
 
 
The unilateral assumption  
of judicial power 
in such a manner violates the rule laid down by a 5 
Member judgment of this Court reported as Enforcement 
of Fundamental Rights with regard to Independence of 
Press/Media (PLD 2022 SC 306). 
 
Such power is to be invoked by the Chief Justice 
on the recommendation of an Hon’ble Judge or a 
learned Bench of the Court on the basis of criteria laid 
down in Article 184(3) of the Constitution.  
 
 
The said majority judgment therefore disregards 
binding law laid down by a larger bench of the Court. 
SMC.No.04/2022 
                                                                               7 
 
 
 
 
 
 
Any observation made in the said judgment, inter 
alia, for the fixation or otherwise of cases is to be 
disregarded. Accordingly, a circular be issued by the 
Registrar stating the forgoing legal position for the 
information of all concerned.” 
 
 
 
Accordingly, the Registrar of this Court issued a 
Circular dated 31.03.2023 with copies endorsed to all 
concerned. On perusal of the circular in question, we are of 
the view that the observations made by the HCJP are 
unexceptionable 
and 
simply 
rectify 
an 
unwarranted 
assumption 
of 
jurisdiction 
and 
intrusion 
into, 
and 
interference with, powers that the principles laid down in the 
case law place firmly in the hands of the Chief Justice alone. 
We accordingly affirm the observations of the HCJP as 
incorporated in the Circular and the directions issued 
therein. In view of the foregoing, the interim order dated 
15.03.2023 (released on 29.03.2023) is recalled. 
 
9. 
 
In view of the stance taken by the PM&DC in their 
report and as submitted by their learned counsel on 
instructions 
that 
the 
MBBS 
and 
BDS 
(Admissions, 
Examinations, House Job or Internship) Regulations, 2018 
and amended in 2019 which allowed grant of 20 additional 
marks for Hafiz e Quran for admission in Medical and Dental 
Colleges are not in force and the current Regulations namely 
Medical and Dental Undergraduate Education (Admissions, 
Curriculum and Conduct) Regulations, 2021 do not grant any 
additional marks to students who are Hafiz e Quran, no 
SMC.No.04/2022 
                                                                               8 
 
 
 
 
further proceedings in this suo motu case are required. The 
SMC is accordingly disposed of as having been infructuous. 
File may be consigned to the record.  
 
Judge 
 
 
 
Judge 
 
 
 
 
 
Judge   
 
 
 
Judge  
 
 
 
Judge 
 
 
 
Judge 
 
ISLAMABAD, THE  
4th April, 2023 
ZR/* 
Not Approved For Reporting 
 
 
