SHC orders MDCAT be retaken after inquiry confirms paper leak

The Sindh High Court (SHC) on Saturday ordered retaking the Medical & Dental College Admission Test (MDCAT) after the inquiry committee’s findings claiming that the entire MDCAT conducted by the Dow University was compromised at all stages.

The order came on petitions against irregularities in and the paper leak of the MDCAT. The petitioners, who had taken the MDCAT, challenged the validity of the test results on the grounds that they were tainted by the paper leak. They claimed that the MDCAT administration was complicit in facilitating access to some candidates by providing them the paper.

Issuing a short order, with reasons to be recorded later, an SHC division bench headed by Justice Salahuddin Panhwar said the inquiry committee unanimously concluded that the entire test procedure was compromised, and sufficient evidence has come on record, so there is no other option except to retake the examination.

The court said that after reading of recommendations, all the representatives of the Sindh government, and the representatives of the Pakistan Medical & Dental Council (PMDC) and the Dow University, have collectively agreed that in this case the MDCAT must be retaken.

The bench ordered the universities & boards secretary, the health secretary and the chief secretary to ensure that the MDCAT is conducted within four weeks.

The court said the exam should be held on the same date in Karachi Division, to be conducted by IBA Karachi, and the rest of the province, to be conducted by IBA Sukkur.

The bench said that no fresh fees of any kind should be charged from the candidates because they have already paid it, so the government should ensure meeting all the expenditures and requirements for the test.

The court said the PMDC’s counsel has conceded that it is within the domain of the Sindh government to hold the test through any institute.

The bench ordered that the government should hire the services of IBA Karachi and IBA Sukkur, and ensure that the test is conducted throughout the province on the same date.

The court said the test should be conducted following the relevant guidelines framed by the PMDC, and from the syllabus taught by the Sindh Textbook Board, and the other boards of the federation and the universities in Sindh, while keeping in view that there are different boards in the province with varying syllabuses.

The bench said the test should be based on the syllabus being taught by the Sindh government at private and public sector institutions without any discrimination and with structure, weightage and difficulty levels given under the MDCAT Curriculum 2023.

The court said that it has been established on record that Sub-section 4 of Section 17 of the PMDC Act, 2022, provides validation of the test for three years, and it is also a fact that for two years, the Dow University has been conducting the test, having no question bank above 400 questions.

The bench said that if this validation is permitted for the recent test, which would be conducted by a reputable testing institute with a substantial question bank, fresh candidates would be penalised for no fault of their own.

The court said that for the retake test only, this rule would not penalise fresh candidates, and the validation of last year’s result would not be considered for this year’s admissions.

Moreover, added the court, the procedure provided for the reduction of 10 per cent marks for improver candidates should not be applied in the retake, and therefore, the repeaters should be considered as fresh candidates to safeguard their basic rights and prevent any prejudice against them.

The bench said the PMDC’s counsel was confronted, and he said in his personal view that this validation is not a justified, as the statutory provision of the relevant Section 17 of the MDCAT Act cannot be bypassed.

The court said the PMDC’s counsel was further confronted with Sub-section 2 of Section 17, on which he admitted that students of NUMS (comprising 18 medical colleges), the Aga Khan University (AKU) and other selected private universities are exempted by regulations, which is in violation of Sub-section 2 of Section 17.

He said that even those institutions are bound to ensure that their students take the MDCAT, and they would be registered by the PMDC even without taking the MDCAT, just like foreign students, which is permissible under the law, as they are exempted from this mandatory test.

The bench said that since this court has taken cognisance of the situation and considered that the entire examination system is compromised, and the last two tests were also conducted by the same university, this exception would not cause any prejudice to the candidates from the last three batches, as their marks as repeaters would not be reduced.

The court said that it has been established on record that 18 colleges and the AKU, along with other private universities, are exempted from the MDCAT, which is contrary to the law and basic principles governing the equality of citizens, as provided under Article 25 of the constitution.

The bench ordered that the PMDC revisit and amend the law with regard to the validation of tests, and ensure that there is no discrimination between public and private universities, as guaranteed under Article 25.

The court ordered the provincial government and the PMDC to ensure that they depute vigilance committees for all the test retake venues across the province.

The bench said that it has come on record that the Mirpurkhas and Hyderabad boards have not yet announced the result of intermediate part-II. The court directed the universities & boards secretary to ensure that all boards announce the results a month before the MDCAT in future.

The court said the PMDC Act and regulations provide that the test be conducted on the same date throughout the country. However, the manner in which it is to be conducted is within the domain of the Sindh government.

The bench said the inquiry committee should continue its mandate and fix liability on the delinquent individuals involved in this serious crime. It said the Federal Investigation Agency’s (FIA) inquiry should also be completed within two months in accordance with the law.

The court said that it is also a matter of record that last year’s test retake was conducted, which is under investigation by the FIA. The bench ordered the FIA to conclude both inquiries in a similar manner within the stipulated period in accordance with the law.

Besides, the SHC said, it is germane to mention that the provincial government should constitute a high-powered vigilance committee to ensure that the exam process is completed with transparency on the same day.