Sindh High Court Ruling: Medical Student’s Admission Cancellation Upheld, Fee to Be Refunded

In a recent verdict, the Sindh High Court’s constitutional bench dismissed a petition concerning the cancellation of a student’s admission at Shaheed Benazir Bhutto Medical College, Lyari. The bench has ordered the administration to refund the admission fee to the affected student.

The Case and Verdict

The two-judge bench, led by Justice KK Agha, issued its written judgment on Saturday, addressing the distressing circumstances surrounding the petitioner. The student’s aspiration to become a doctor was hindered by an administrative error. While the court sympathized with the student’s plight, it emphasized the necessity of adhering to legal principles in its ruling.

The court’s order explained that efforts to resolve the matter, involving the college administration and the Pakistan Medical and Dental Council (PMDC), proved unfeasible within the existing legal framework. According to the ruling, the PMDC’s fixed allocation of medical admission seats limited the court’s ability to intervene and increase the quota. The bench highlighted that such actions could set an undesirable precedent.

Key Details of the Ruling

• The student’s admission was provisional until March 31.
• A document verification process revealed the error originated from the Mukhtiarkar and not from the student or the college.
• While the student’s case was deemed valid, the bench ruled that re-admission to the MBBS program could not be granted due to seat limitations.
• The court suggested that the student could pursue admission to the Bachelor of Dental Surgery (BDS) program at Karachi Medical and Dental College (KMDC), contingent upon seat availability.

Emotional and Legal Implications

The court acknowledged the emotional toll on the student, remarking that, “Individually, we all sympathize with the applicant.” However, the judges clarified that their decisions are bound by the legal framework, emphasizing the importance of upholding judicial principles.

This ruling underscores the importance of administrative precision in educational institutions and the challenges faced by students navigating unforeseen errors in the admission process.