IN THE SUPREME COURT OF PAKISTAN
(Appellate Jurisdiction)
PRESENT:
MR. JUSTICE UMAR ATA BANDIAL.
MR. JUSTICE IJAZ UL AHSAN.
Civil Petitions No.2916, 3219, 2757-L & 3063-L of 2019
AGAINST JUDGEMENTS DATED 24.06.2019 & 25.09.2019 OF THE LAHORE HIGH
COURT, LAHORE PASSED IN ICA NOS.36401, 36402 & 39849 OF 2019.
Muhammad Zubair Choudhary & others
Petitioner(s) 
rl„ cp N,.2916/20r 9)
Haroon Qadir & others
Petitioner(s) 
an CP N,.32 1 9/2019)
Akhtar Saeed Medical & Dental College
Petitioner(s) 
a. cp N,.2757-L/2019)
Rafay Tariq & others
Petitioner(s) 
f„ cp N,.3063-L/2019)
Versus
Pakistan Medical & Dental Council & others
Respondent(s) („, ,II ,,,,,)
For the Petitioner(s) :
Sardar Muhammad Aslam, Sr. ASC
(in CP No.2916/ 2019)
Ch. Mushtaq Ahmed Khan, ASC.
(in CP No.32 1 9/ 2019)
In Person
(in CP No.2757-L/ 2019)
Mian M. Rauf. ASC
(in CP No.3063-L/ 2019)
For the Respondent(s) :
Ch. M. Umar, ASC
(For Respondent # 1)
Ch. M. Atiq, ASC.
(For Respondent # 2)
Date of Hearing:
25.10.2019
JUDGMENT
IJAZ UL AHSAN, J-. These Petitions have been
filed against judgements of learned Division Benches of the
Lahore High Court dated 24.06.2019 & 25.09.2019. 
The
Petitioners
include
prospective
medical and dentistry
students (the KPetitioneT Students”\ as wen as a medical
,',U,g, (th, “p,titioner Coll'g'”I. Th' P'thi'’"''; ''==t'="i
th at 
th e Iyr b e a11 o w e d t o fi11 L1]F) s e at s at 
private 
med 
( alco 
leg 
es
Chit Petitions No.2916, 3219, 2757-L & 3063-L of 2019
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which have been left vacant after conclusion of the
admissions process and lapse of the admissions deadline set
by the Pakistan Medical and Dental Council (“PM&DC”) for
the 2018-2019 academic year. These Civil Petition Nos.2916,
3219, 2757–l & 3063-L of 2019 were dismissed bride short
order dated 25.10.2019. The detailed reasons and guidelines
of this Court in light of our conclusions and findings are set
out below.
e
2. 
Provision of quality medical and dental education
forms the very basis of a country’s healthcare system. It
stands to reason, therefore, that institutions imparting
medical or dental education are not merely seen as service
providers but also as custodians of the nation’s health and
the primary training centres for its doctors and healthcare
professionals. Indeed, medicine has always been amongst the
most popular career choices for Pakistani students over the
years and it is therefore no surprise that a large number of
medical and dental colleges have sprung up to cater to the
rising demand for medical and dental education. However,
this rise in demand and the opening up of an ever-greater
number of private medical colleges has also caused a number
of regulatory challenges. The regulatory structure which is
less than perfect for various reasons, which need not be
mentioned here, has resulted in a fall in standards of medical 
education and training as well as several discrepancies, some 
intended and deliberate and others, not, in medical and
dental admissions across the country.
-Sjr
Ciuil Petitipns No.2916, 3219, & 2757-L of 2019
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3. 
For the past 57 years the medical profession has
been regulated by the Pakistan Medical and Dental Council
Ordinance, 1962 (the “1962 Ordinanee”). Under the said
Ordinance, PM&DC was created as a federal body for the
regulation 
and control of the medical profession, it also
formulates regulations regarding inter alia minimum
standards of medical and dental education, conditions for
admission into medical and dental degrees and the
registration 
of medical 
and dental 
students. 
The 
1962
Ordinance was subsequently amended through various Acts
and 
Ordinances. 
Following 
promulgation 
of 
the 
1962
Ordinance, various regulations were also framed and notified
by the PM&DC from time to time in order to regulate
admissions, training, education, house jobs, and internships
of medical and dental students. Most recently the MBBS and
BDS (Admissions, House Job and Internship) Regulations,
2018 (the “2018 Regulations”) were notified by the PM&DC
and were subsequently amended on 30.05.2019.
6
4. 
However, the 1962 Ordinance was repealed by the
Pakistan Medical Commission Ordinance, 2019 (the “2019
Ordinance”) which was promulgated by the President of
Pakistan on 19.10.2019 and subsequently lapsed. The 2019
Act provides for the creation of a new body – the Pakistan
Medical Commission (“PMC”) – and the dissolution of the
PM&DC. While no new regulations have been framed by the
PMC under the 2019 Act as yet, some of the 2018 Regulations
have apparently been adopted during the transitory period 
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Gun Petitions No.2916, 3219, & 2757-L of2019
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while new rules and regulations are framed and notified by
the PMC pursuant to the 2019 Ordinance.
5. 
During this time, students and private medical
and dental colleges have been approaching this Court and the
High Courts across the country for redressa1 of grievances
arising out of issues relating to the admissions process of
medical and dental students, publication of merit lists, grmlt
of recognition and denotification of colleges, cut-off dates for
the admissions process and most notably the issue of
adjustments 
on vacant seats in medical and dental colleges
which were unable to fill up the entire number 
of seats
sanctioned to them by the PM&DC. These have been the
underlying issues in various judgements of this Court as well,
most recently in Hashmat Medical and Dental College u
Pakistan Medical and Dental Council (2018 SCMR 1310) and
Pakistan Medical and Dental Council v. Muhammad Fahad
Malik (2018 SCMR 1956).
6. 
In fact, the spate of litigation resulting out of these
issues and the onslaught of cases filed in the Courts before
the start of every academic year led this Court to take notice
of the matters directly in Suo Motu Case No. 1 of 2010 which
was disposed of tide order dated 17.09.2018 after the
PM&DC furnished draft rules and regulations containing a
Centralised Admissions Policy and mechanisms to address
the various issues mentioned hereinabove. Subsequently, the
PM&DC also introduced various new regulations through the 
2018 Regulations on 30.05.20 19. However, disputes
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Ciuil Petitions No.2916, 3219, & 2757-L of 2019
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regarding 
the 
conduct 
of 
admissions, 
vacant 
seats,
administration of the Medical and Dental College Admission
Test (“MDCAT”), publication of merit lists, and discrepancies
between the registration/enrolment of students at various
medical and dental colleges still continue to arise.
7. 
As a consequence of these issues, over the past
several years the country has seen a consistent decline in the
quality of education, training and facilities afforded to its
medical and dental education/training students. The rise in
the number of private medical and dental colleges and the
resultant rise in the number of seats available at medical and
dental colleges has also been met with a continuous decline
in the quality 
of entrants 
who are admitted 
into these
degrees. In a country like Pakistan – whose healthcare system
already suffers from a number of chronic issues – this decline
in the quality of medical education imparted to future doctors
is creating an alarming situation.
6
8. 
In the present cases, Learned Counsel for the
Petitioner Students have argued that vacant seats at private
medical colleges become available every year after the
conclusion of the admissions process due to 'drop-out’
students. Drop-out students are those students who have
qualified for admission pursuant to the merit lists published
by the PM&DC but have either chosen different medical
colleges or have not taken up their offers of admission. They
ha„, p,ay,d that th, C,U,t may all,w th,m t, b, adj„„t,d 
against these seats. Learned Counsel for Petitioner Students 
6
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CH
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ChAI Petitions No.2916, 3219, & 2757-L o,f 2019
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has argued that the Centralized Admissions Policy under the
2018 Regulations provides for the creation of a merit list by
the PM&DC on the basis of which medical and dental colleges
are allocated students based on the preferences given by the
students themselves. However, some students do not opt for
the colleges which offer them admission as they get upgraded
to colleges which were higher up on their preference. Further,
some students are offered admission to public sector medical
and dental colleges which are the preferred options for most
students and their parents on account of better standards
and lower costs. Consequently, the seats not taken up by
them remain vacant. Learned counsel for the Petitioner
Students has argued that Respondent No. 1’s decision to not
allow further admissions after the cut-off date has resulted in
a number of vacant seats at Sahara Medical College and other
such private medical and dental colleges, where the Petitioner
Students could be allowed admission if it were not for the cut-
off date. Learned Counsel contends that the Petitioner
Students were likely to qualify for admission in the next merit
list, had the cut-off date not been imposed. Cut-off date is a
date after which no further 
admissions 
can take place
pursuant to the 2018 Regulations.
6
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9. 
Learned Counsel for the Petitioner College has
argued that under the Centralized Admissions Policy, medical
and dental colleges are allocated a certain number of seats. In
order to fill these seats, the colleges are provided with merit 
lists by Respondent No.1 (PM&DC) on the basis of which
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Gull Petitions No.2916, 3219, & 2757-L of 2019
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these seats must be filled. Since not all of these seats are
filled in the first round, Respondent No. 1 also provides
successive merit lists in order to fill up the remaining seats.
In light of this scheme, learned Counsel for the Petitioner
College has argued that by implementing a cut-off date after
which seats have remained vacant, Respondent No.1 has not
fulfilled its statutory obligation. It was also his contention
that Respondents have acted in a discriminatory manner as
similar adjustments were allowed to Hashmat Medical and
Dental College as well as Bolan University. As a result of
these seats remaining vacant, it is contended that they will
incur a loss for the next 5 years over which these seats will
remain empty. This will result in a huge loss of investment
made by the Petitioner College to provide facilities for a
certain number of students as per the allocation made for it
by Respondent No. 1.
6
10. 
Chaudhary Muhammad Umar, ASC, Learned
Counsel for the Respondents has argued that no case of
discrimination exists in the circumstances. He clarified that
Hashmat Medical College has not been allowed any
extensions and is not even allowed to admit any students as
it was de-notified by the Federal Government vide notification
dated 14.Ol.2019. Instead, he clarified that the issue was of
adjustment and not extension, since students enrolled at the
college had to be adjusted at other colleges as a result of
Hashmat Medical College’s de-notification. This had to be 
done in order to safeguard the academic year of the students 
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in question. In the case of Bolan University, Learned Counsel
also clarified that no extensions had been provided by the
PM&DC and any advertisements made by Bolan University
after 
the cut-off 
date for further 
admissions 
had 
been
published without sanction or approval of PM&DC, mld are
therefore totally unauthorized. Such admissions if made shall
be dealt with in accordance with the law.
6
11. 
Learned Counsel for the Respondents also argped
that another issue in these circumstances was the difference
in the start of academic years in the Provinces of Punjab and
Balochistan (where the academic year commenced later than
Punjab). He argued that owing to this fact, there can be no
case for discrimination between medical and dental colleges
in Punjab and Balochistan because the same dates do not
apply to them. Additionally, Learned Counsel also mgped that
the dissolution of PM&DC uide the promulgation of the 2019
Ordinance had resulted in extraordinary circumstances
during the 2018-2019 academic year. As a result of these
circumstances and the creation of a new council, the cut-off
date was already extended from 31.12.2018 to 31.03.2019
and finally to IO.04.2019. During this time, 9 successive
merit lists were provided to medical and dental colleges to
provide a fair chance to fill up their seats. However, Learned
Counsel argued that under the 2018 Regulations there is a
strict requirement for a nine-month academic year for
medical and dental students, which cannot be adhered to if
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Ciuil Petitions No.2916, 3219, & 2757-L of 2019
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the admission deadline is continuously extended in order to
accommodate the requests of the Petitioner College.
12. 
Having heard the arguments from both sides and
perused the record, we are of the opinion that the Division
Bench of the Lahore High Court has comprehensively
addressed the issue of discrimination and has clarified that
the facts in the case of Hashmat Medical and Dental College
related to the de-notification of the college by PM&DC, as a
result of which enrolled medical students had to be adjusted
in 
various 
other 
medical 
colleges, 
and 
hence 
were
distinguishable from the present case. Similarly, we find that
the grievances of the Petitioner Students and the Petitioner
College with respect to remaining vacant seats at medical and
dental colleges have also been addressed by the Division
Bench of the Lahore High Court, and we are inclined to agree
with these findings.
6
13. 
However, we 
are also concerned with 
the
continuous and long-standing issues with respect to
admissions in medical and dental colleges, recognition and
enforcement of the rules and regulations made by
PM&DC/PMC, regulatory loopholes in the existing regulations
and the enforcement of these rules. Therefore, in light of the
issues raised by the Learned Counsel for the Petitioners and
the Learned Counsel for PM&DC, as well as this Court’s
opinion on the challenges brought before it by the regulator,
medical and dental students, and medical and dental
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Ciuit Petitions No.2916, 3219, & 2757-L of 2019
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colleges, the 
following 
observations 
are 
made 
being
fundamental to the issues raised before us:
i)
Adjustments on vacant seats:
During the present case as well as in earlier matters
regarding admissions in medical and dental colleges the
issue of vacant seats has been a constant grievance. On the
one hand, medical and dental colleges have time and again
contended that they be allowed to fill their entire quota of
seats allocated for that year by PM&DC. On the other hand,
the record shows that these allowances also result in the
admission of students who fall much lower on the merit lists
but 
are offered admission 
into 
medical 
and 
dental
institutions due to continuous extensions of the admission
cut-off date as well as the issuance of successive merit lists.
b
In order to resolve this issue, we find that no
admission against vacant seats left by “drop-out” students
(defined under Regulation 2(d) of the 2018 Regulations) or
against vacant seats left after passing of the admissions
deadline set by the PM&DC/PMC should be allowed under
any circumstances whatsoever. It must also be ensured that
no student whose aggregate scores and MDCAT results fall
below the cut-off threshold, assigned by the PM&DC/PMC
for that academic year, is admitted into any medical or
dental colleges. This should be done regardless of the
numb,, of va,ant s,ats at medical or dental colleges or any 
c,th,, ci,cum,tan,,, gi„ing ,i,, to su,Plu, seats across the
country.
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Additionally, the practice of granting extensions to
medical and dental colleges after the expiry of the admission
deadline allowed by the PM&DC/PMC must be discontinued,
forthwith. Imparting medical and dental education is not a
business and must not be motivated by a desire for profit
maximization. The statutory and regulatory framework must
be vigorously and strictly implemented and enforced with the
sole objective of imparting the best possible medical and
dental education and training on students of the highest
possible merit whose abilities must be thoroughly checked
through high standard examination at every level on the
theoretical as well as practical side. Merit, competence, and
ability must be ensured when the students graduate because
they would be dealing with human lives on a daily basis.
Different academic years across provinces:
During the proceedings of the present case as well as in
previous cases on the same subject before this Court,
including Hashmat Medical and Dental College (Supra), both
private medical colleges and students have time and again
raised the contention that they be allowed adjustment after
the lapse of admission deadlines set up by the PM&DC due
to the differences in the start of academic years at medical
colleges across the country. This discrepancy between the
start of academic years in various provinces also results in
confusion amongst applicants looking to pursue their
medical or dental education outside of the province of their
domicile. In order to resolve this issue a uniform academic
year for medical students should be encouraged across all
provinces in conjunction with the uniform medical
admissions test – the MDCAT. PM&DC/PMC must
b
ii)
Chit Petitions No.2916, 3219, & 2757-L of 2019
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q
a
endeavour that a strict guideline is enforced to ensure both
that academic years in various provinces start at the same
time and that their length is also uniform.
iii)
Earlier enrolment and admissions deadline to be
implemented:
Regulation 9(23) of the 2018 Regulations mandates
that all medical and dental colleges must submit a list of
registered students to the PM&DC/PMC no later than 31st
March of each year. Whereas, the admissions deadline set by
the PM&DC/PMC is the 31st December of each year. This
has created a loophole for many colleges who continue to
admit students after the lapse of the admission deadlines set
by the PM&DC/PMC (3 lst December) and subsequently add
their names to the list by the 31st of March. For this reason,
a separate admissions acceptance deadline (at least a month
prior to the start of each academic year) and an enrolment
deadline (during the first week of the academic year for
medical and dental students to take up the places offered at
their respective colleges) should be implemented in order to
ensure the entire process is completed by the time the
academic year starts. All medical and dental colleges must
submit lists of all enrolled students to the PM&DC/PMC
immediately after the lapse of the enrolment deadline. The
PM&DC/PMC should not accept the names of any students
enrolled on the register of any college after the academic year
has already started. This should be done particularly to
ensure 
that 
the 
entire 
admissions 
process 
has 
been
completed before the start of each academic year, and that 
all concerns related to admissions are resolved in a timely 
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Ciuil Petitions No.2916, 3219, & 2757-L of 2019
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lr
1
fashion without creating any delays in the beginning of the
academic year.
Duration of the Academic Year:
The examination guidelines under Regulation 22 of the
2018 Regulations require colleges to ensure that their
academic year is at least nine months long. However, in the
past several colleges have either violated this provision
altogether 
or have approached 
the 
PM&DC/PMC, 
the
Honourable High Courts, and this Court at various times to
allow them to condense the academic year down by initiating
additional studies and courses during the winter and
summer holidays as well as other public holidays. This has
also been used as a means for newly formed/registered
colleges to start their classes immediately, even if they were
recognized by the PM&DC/PMC or registered during the
middle of an ongoing academic year.
iv)
We are of the opinion that this Kpractice is both
detrimental and counterproductive to the cause of medical
and dental students as well as colleges providing medical
and dental education. The responsibility of determining the
length of the academic year is within the purview of the
regulator –PM&DC/PMC – and as such no medical and
dental colleges should be allowed to bypass this requirement
by holding classes during holidays, weekends and vacations
and newly formed/registered colleges should not be allowed
to admit any students before the start of the next academic
year. It should be ensured by the PM&DC/PMC that the
academic year for all students across the country is of
u„if,,m I„,gth and that any n,w ,olleges adhere to the same 
process as existing colleges. In case new medical or dental 
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Chit Petitions No.2916, 3219, &_2757-L of2019
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•
I
colleges are granted recognition 
or registered during 
a
particular academic year, they should not be allowed to enrol
any students before the next academic year.
V)
MDCAT and the admissions process:
Entry 11, Part II of the Federal Legislative List, Fourth
Schedule to the Constitution of the Islamic Republic of
Pakistan, 1973 empowers the Federation to deal with all
matters related to the medical profession. PM&DC/PMC
should, therefore, ensure a uniform weightage for the
MDCAT across all provinces in order to deal with
discrimination and the issues of medical students seeking
admission in colleges outside of the province of their
domicile. It was also brought to our attention during the
proceedings of the present case that the individual
percentages assigned to all components 
of the aggregate
formula used in the formulation of merit lists (e.g.
HSSC:/F.Sc./O-Level/ A-Level/IB scores) is not uniform
across all provinces and medical and dental colleges. This
has also led to grievances by many prospective students who
believe that their admissions were prejudiced by virtue of the
weightage given to particular components in 
the
determination of their merit. In order to resolve this, the
weightage given to the various components used in the
calculation of students’ ranks on the merit list must be
uniform across all provinces and for all medical and dental
colleges. Additionally, PM&DC/PMC must ensure that the
MDCAT is applicable to all students seeking admission in
medical or dental colleges across Pakistan.
Enhancement of admission capacity and ceilings for
permissible 
seats :
8
V
vi)
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Ciuil Petitions No.2916, 3219, & 2757-L of 2019
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A key issue throughout the present proceedings and in
earlier matters has been the allocation of seats to medical
and dental colleges by the PM&DC/PMC. The issue of vacant
seats and the falling standards of education as the number
of seats at medical and dental colleges must be resolved in a
fair and transparent manner. To this end, the admission
capacity granted to public or private medical and dental
colleges should be linked with minimum standards of inter
alia 
facilities, 
infrastructure, 
teaching 
faculty, 
courses
offered, number of departments, staff, accommodation
capacity and reports of inspections from previous years. In
order to ensure compliance with such standards, the
colleges that admit students beyond admission capacity
should be dealt with in accordance with law.
8
These minimum standards must clearly set out the
basic requirements to be fulfilled before a certain number of
students are allowed to be admitted to a medical or dental
college. This should be done by creating different tiers of
admission 
capacity e.g. up to 50 students, up to 100
students, up to 150 students etc. With each tier of
admission capacity, therefore, a greater number of
requirements and higher minimum standards must be
fulfilled. In case colleges wish to increase their admission
capacities, they must ensure compliance with the complete
satisfaction of PM&DC/PMC, with the minimum standards
set for higher numbers of admission capacity before making
applications for this purpose. PM&DC/PMC must put in
place robust and effective mechanisms and procedures for
site visits and regulator inspections (at least once a year) of
each and every medical and dental institution to ensure that
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ChAt Petitions No.2916, 3219, & 2757-L of2019
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the requisite standards are being maintained in terms of
staff, faculty, laboratories, theatres, class rooms, lecture
halls, facilities, equipment, etc.
Fulfilment of Minimum Standards by all medical and
dental colleges:
This Court in previous cases such as Hashmqt IVledicat
and Dental Cotteqe (Supra) as well as this present case has
observed the shocking lack of compliance by medical and
dental colleges with minimum standards set up by
PM&DC/PMC and their habitual avoidance of inspections. In
order to resolve this, and to ensure compliance with the
standards set up by PM&DC/PMC, broader powers to
inspect must be given to officers of PM&DC/PMC, including
the powers to call for records of medical and dental colleges
as well as provisions allowing the inspection of financial and
student records. PM&DC/PMC must also make such
inspections throughout the year in order to ensure complete
compliance with the standards and rules set out by it.
Inspections should not be limited to the grant of recognition
or renewal of such recognition afforded to any medical or
dental college. A standard form based on a points system
must be developed, covering every material aspect of medical
and dental education. Institutions failing to meet requisite
standards must be dealt with in accordance with law.
vii)
@
viii) Publication of statistics and rankings:
The 
data 
collected 
through 
the 
aforementioned
inspections as well as PM&DC/PMC’s own records with
respect to the passing rates of students from individual
institutions in central examinations, National Licensing
Examinations and other professional examinations
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CMI Petitions No,2916, 3219, & 2757-L of 2019
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conducted by PM&DC/PMC should be made publicly
available in order to better inform prospective students,
parents and other concerned parties. This will also help
empower students to make more informed choices when
choosing priority colleges and decrease the number of “drop-
out” students.
A ranking system must also be devised, taking into
account the factors including those mentioned above as well
as other factors such as student satisfaction, provision of
facilities, compliance with minimum standards, etc. This
comprehensive ranking system should be made publicly
available for the benefit of all those interested in the medical
profession, prospective students, employers and the public
at large.
ix)
Removal of conflicts of interest and “regulatory capture”
In the past, many actions were taken by PM&DC/PMC
for the benefit of medical and dental colleges that were not in
the larger public 
interest. 
These include 
recognition,
subsequent renewal of recognition and registration of sub-
standard colleges, continuous extensions for medical and
dental colleges to fill up the entirety of their admissions
capacities at the cost of students’ education and the length
of their academic years, etc. For any regulatory body, such
as PM&,DC'/PMC, set up by the government, it is pertinent
that the regulation of the entity under its purview is done in
a fair, transparent and impartial manner. However, when the
membership of such a regulatory body, tasked with
protecting the public interest, becomes populated with – or
starts advancing the interests of – a particular interest group
:
at
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Ciuil Petitions No.2916, 3219, & 2757-L of 2019
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or lobby within the entity it is regulating, the entire purpose
of its existence is defeated. This phenomenon is often
referred to as the doctrine of “regulatory capture.”
Reliance in this respect is placed on Muhammad Yasin
v. Federation of Pakistan throuqh Secretan4, Establishment
Division, Islamabad and others (PLD 2012 SC 132), where
Jawwad S. Khawaja, J, speaking for the Supreme Court,
stated that:
“23. The provisions that the Legislature has made for ensuring
regulatory autonomy are a reflection of accumulated economic
wisdom based on empirical study. Here we can cite just one
pertinent example from contemporary literature on regulatory
economics pointing to the rationale and text of the Ordinance.
In her article "E:ffectiveness of Regulatory Structure in the
Power Sector of Pakistan", Ajta MaRk, a research economist at
the Pakistan Institute of Deuelopment Economics, Islamabad,
identifIes "regulatory autonomy" as the foremost indicator of
good regulatory governance. "Regulatory autonomy" refers to
the regulator's ability to resist the pressure of 'regutatory
capture’ and pressures from economic and political interest
groups. Amongst the key dangers to watch out for, according
to the author, are '’[u]ndue interference and influence of the
gouernment" which the author says hamper "independent
functioning, which in turn affects the consumers as wen as
producers." Also, A.R. Kamal, one of Pakistan's renowned
development economists has similarly highlighted the
importance of effective checks, cautioning against the danger
of compromising the autonomy of regulatory institutions. He
warns: "[s]ince there is a cycle where the regulatory agencies
ouer time degenerate into protecting the organizations which
they are supposed to regulate, checks and balances must be
put in place so that persons in responsible positions in these
bodies are not corrupted." He further emphasises that
"regulatory authorities . . . . . .. must be given autonomy so
that their decisions gain credibility; and checks and balances
should be so formulated that they cannot indulge in corrupt 
practices. " The legislature has taken stock of these concerns 
and made a number o/ prouisioILS noted above for such
"checks and balances„. „ 
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Chit Petitions No.2916, 3219, & 2757-L of2019
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14. 
In light of these issues, we are of the view that a
transparent and fair process for the nomination/selection of
the membership of PM&DC/PMC and its constituent bodies
and boards should be adopted. This process should be clearly
laid out and must be designed to ensure that no 'conflicts of
interest’ are present within the membership. In fact, the best
way to safeguard against potential 'regulatory capture’ and to
ensure the integrity and credibility of any regulatory agency is
through a 'no conflict of interest’ provision. Such a provision
must be designed to ensure that no individual with any
pecuniary, material or other direct or indirect interest in a
medical or dental college can become a member of
PM&DC/PMC or any of its constituent bodies. This conflict of
interest provision must also stretch to the immediate family of
the members.
8
15. 
In addition to the nomination/selection of the
membership, it must be ensured that no conflicts of interest
arise after a member has been appointed to PM&DC/PMC or
any of its constituent bodies. This must be done through the
introduction of a positive obligation upon all members of
PM&DC/PMC and any of its constituent bodies regarding the
disclosure of any interests in any matter put up before the
body of which the member is a part. The members must be
bound to declare any such conflict that they are aware of or
should be aware of in advance and must recuse themselves
f,,m ,,ting ,, taking any d,,i,i,n, with regard to such 
matters. In case such a conflict of interest is not disclosed by
W
C 
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+
IF
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~HI
Ciuit Petitions No.2914 3219, & 2757-L of 2019
the member in question, a comprehensive provision for the
immediate removal of such a member must be introduced.
16. 
Although the petitions have not been pressed, we
have considered it appropriate to record reasons and
guidelines based upon elaborate and detailed submissions
addressed by both sides for guidance of PM&DC/PMC to
streamline their working to reduce unnecessary litigation for
bringing improvements in implementation of the laws on the
subject. This, in our view, is of paramount importance
considering the alarming state of affairs in the dental and
healthcare educational set up existing in our country. For
ease of reference, our short order dated 25.10.2019 is
reproduced below:
“For detailed reasons to be recorded later, it is noted
that the learned counsel for the petitioners do not press their
petitions in order to audI their remedy strictly in accordance
with law before the Pakistan
now duty constituted. ”
e
Medical CorrLmission tv
ISLAMABAD. THE
25th of October 2019
MAU/ *
APPROVED FOR REPORTING
