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High Court Restored FJMC affiliation with the Punjab University

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High Court Restored FJMC affiliation with the Punjab University

May 12, 2010:LAHORE:A SPECIAL division bench of the Lahore High Court on Tuesday restored the affiliation of the Fatima Jinnah Medical College (FJMC) with the Punjab University by setting aside a provincial government’s notification under which the college was affiliated with the University of Health Sciences (UHS).

The bench comprising Chief Justice Khawaja Muhammad Sharif and Justice Ijaz-ul-Ahsan observed that the government had failed to provide any valid reason to justify the affiliation of a historical medical college with a small university in place of the Punjab University which was a historical institution.

Earlier, counsel of the PU, the UHS and FJMC students concluded their arguments along with an additional advocate general, who defended the provincial government. The UHS counsel pointed out that almost all major medical colleges of the country, including Allama Iqbal Medical College and Quaid-e-Azam Medical College, Bahawalpur, had already been affiliated with the UHS.

He said section 37 of the UHS Ordinance 2002, which dealt with affiliation of medical institutions, required every medical institution to be affiliated with the university unless there was any legal cover to an institution.

He said exemption from affiliation with the UHS earlier granted to the FJMC and the KEMC was temporarily, however, the King Edward Medical College was made university later. And the FJMC had to be affiliated to the UHS.

The law officer defending the government said the affiliation of the medical college was purely a policy matter and the government had to see different aspects with regard to upgrade of colleges.

He said two committees were formed by the government, which took the impugned decision after giving an opportunity of hearing to FJMC students.

The law officer said that the PU was only an examining authority and it even did not have a medical faculty.

The PU counsel pleaded that the government had failed to produce in the court minutes of meetings wherein decisions of FJMC’s affiliation with the UHS and retaining its affiliation with the PU were taken.

He pointed out that neither the PU nor the FJMC were given any prior notice by the government and they failed to give reasons behind the government’s decision.

The counsel for FJMC students said that the college was not given any hearing prior to the decision. He said a large number of foreign students studying in the historical medical college also expressed concern over its de-affiliation with the PU. The UHS also failed to produce required results, he said.

The government showed gender discrimination and did not give a status of university to the FJMC like the KEMU, the counsel added.

After hearing the arguments, the bench set aside the notification and allowed the Punjab University to retain the affiliation of the FJMC.

CJ seeks reply from AGP: The Lahore High Court Chief Justice, hearing a suo motu against shortage of judges in accountability courts of Rawalpindi and Lahore, sought a reply from the Attorney General of Pakistan.

Earlier, a Deputy Attorney General informed the court that in Rawalpindi accountability courts new judges had been appointed to the required strength while shortage of judicial officers in Lahore would be met soon.

The chief justice, however, expressed displeasure over the delay in appointment of judicial officers and directed the Attorney General to file a reply by May 18.The News


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