Islamabad: The Supreme Court of Pakistan disposed of a suo motu notice regarding the grant of additional 20 marks to Hafiz-e-Quran to get admission in MBBS/BDS degree under Regulation 9 (9) of the MBBS and BDS (Admission House Job and Internship) Regulations, 2018. The decision was made by a six-member bench of the apex court headed by Justice Ijaz ul Ahsan.
Hearing of the Suo Motu Case:
The bench, comprising Justice Munib Akhtar, Justice Sayyed Mazahar Ali Akbar Naqvi, Justice Muhammad Ali Mazhar, Justice Ayesha A Malik, and Justice Syed Hassan Azhar Rizvi, conducted a hearing of the suo motu case. In January last year, a bench led by Justice Qazi Faez Isa had questioned the additional marks for Hafiz-e-Quran students. The Hafiz-e-Quran students were awarded 20 additional marks in merit for undergraduate admissions in any degree program.
Change in Policy:
Advocate Afnan Kundi, appearing on behalf of Pakistan Medical and Dental Council (PMDC), informed that the policy to give additional 20 marks to the Hafiz-e-Quran has been changed, and now no additional marks are given. Justice Ijaz ul Ahsan upon the submission of the PMDC counsel said, “No live issue,” and disposed of the suo motu. Justice Ijaz ul Ahsan said they would pass a detailed judgment on the suo motu and the order.
Order on Article 184(3) of the Constitution:
A three-judge bench, headed by Justice Qazi Faez Isa, and comprised Justice Amin-ud-Din Khan and Justice Shahid Waheed, on March 29, with the majority of 2 to 1, held that hearing of all the cases under Article 184(3) of the Constitution be deferred until the changes are made in the Supreme Court Rules 1980 regarding the discretionary powers of the Chief Justice of Pakistan to form benches.
Postponement of the Matter:
The order said neither Constitution nor the rules give CJP the power to make special benches or select judges who will be on these benches. “The rules do not grant any power to SC Registrar or to the Chief Justice to change the judge or judges on the Bench or to reduce their number,” said the order. The order said the matter be postponed until the framing of SC rules. With regard to article 184(3) of the Constitution, the order said that there are three categories of cases; firstly, when a formal application seeking enforcement of Fundamental Rights is filed.
In conclusion, the Supreme Court of Pakistan disposed of a suo motu notice regarding the grant of additional marks to Hafiz-e-Quran to get admission in MBBS/BDS degree, while a three-judge bench postponed the hearing of all cases under Article 184(3) of the Constitution.