SUO MOTO vs Private Medical Colleges
This matter arises from a suo motu proceeding concerning private medical colleges, fee structures, admissions, and related urban issues. The core legal questions involve the regulatory compliance of private medical colleges, the refund of exorbitant fees, admissions in unaligned or newly affiliated colleges, and the issuance of stay orders against enforcement actions by the Lahore Development Authority regarding unauthorized marriage and function halls. The Supreme Court of Pakistan issued various interim directions, including the constitution of an inspection committee for a medical college, orders requiring private medical colleges to respond to fee refund applications filed with the University of Health Sciences within three days, and directions to submit lists of admitted candidates and merit lists. Additionally, the Court addressed civil miscellaneous applications and directed that courts granting interim relief against Lahore Development Authority notices concerning unauthorized constructions must consider the nature of the present proceedings. The key principle laid down is that judicial restraint and institutional oversight must be exercised when interim orders are sought against lawful enforcement actions authorized or supervised by the apex court.
- Can private medical colleges be directed to respond within a specified timeframe to fee refund applications filed by parents?
- Whether courts granting interim relief against notices issued by the Lahore Development Authority must consider the nature of ongoing proceedings before the Supreme Court?
- What are the requirements for the submission of admission and merit lists by private medical colleges to the Court?
Syed Ali Zafar , learned ASC representing Pakistan Association of Medical Institutio ns has today volunteered for the random inspection to be carried out of the Lahore Medical and Dental College, Jallo Park, which according to him fulfills all the requirements and SOPs prescribed by PMDC for the purposes of recognition and functioning of the Medal Colleges. Keeping that spirit in view, we constitute a Committee for inspection comprising of Mr. Ashtar Ausaf Ali, the learned Attorney General for Pakistan, Mr. Ayesha Hamid, learned ASC, Dr. Faisal Masood, Dr. Javed Gardezi, Dr. Waseem Hashmi, Registrar of PMDC and Dr. Salman Kazmi, Secretary of Young Doctors Association. The report must be submitted within one week.
2. It has been apprised by Ms. Ayesha Hamid, the Commission of the Court that about twenty-two applications have been filed by the parents with UHS about the remand of exorbitant fee and even when UHS sought the reply/response from the private medical colleges, they are not replying. All the private medical colleges to whom UHS shall interact in this behalf are directed to immediately reply within a period of three days, otherwise their Chief Executives should be required to personally present before this Court to explain their position for non- compliance of the order .
3. All the private medical colleges in Pakistan, particularly in Punjab, are directed to provide a list of all those candidates who have applied, finalized and finally been admitted to their respective colleges along with the merit list to this Court within a period of one week.
4. We have already prohibited the admission in any private medical college which was not yet affiliated. However , any admission made in any college which is affiliated after the date when we first took cognizance of this matter , shall be subject to the final decision of the matter .
C.M.A.Nc.1-L/2018:
5. Notice to PMDC.
C.M.A.Nq.2-L/2018:
6. Dismissed.
C.M.A.Np.26-L/2018:
7. Pursuant to our order dated 28.12.2017, the LDA has filed a report. Mr. Munawar-us-Salam, learned ASC wants time to file a reply thereto. Let the needful be done within three days.
C.M.A.No .24-L/ 2018:
8. Mr. Zahid Akhtar , Director General, LDA states that there are many Marriage/Function Halls which have been illegally, unlawfully and unauthorizedly constructed and the LDA intends to take action against such unauthorized construction but they procure Stay orders from different courts. Be that as it may, let a notice be issued to the unauthorized Marriage/Function Halls etc. by the LDA and we are sanguine that if any of the aggrieved person to whom notice shall be issued approach any court of law in Pakistan, such court while passing any Order particularly granting interim relief shall keep in mind the nature of the present proceedings and that the notices issued by the LDA are with the approval and under the instructions of this Court and after hearing the LDA.
9. Re-list.