SC scraps suo motu in Hafiz-e-Quran extra marks case

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2023-04-05T05:37:22+05:00 Shahid Rao

ISLAMABAD    -    The Supreme Court of Pakistan Tuesday dis­posed of the suo motu notice regarding 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.

A six-member bench of the apex court head­ed by Justice Ijaz ul Ah­san, and 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 hearing of the suo motu case.

In January last year a bench led by Jus­tice Qazi Faez Isa, while hearing a mat­ter, had questioned the additional marks for Hafiz-e-Quran students. Hafiz-e-Qu­ran students were awarded 20 addition­al marks in merit for undergraduate ad­missions in any degree programme. After the announcement of verdict on general elections by a three-judge bench, the SC Registrar fixed the suo motu for hearing at 2.00pm (Tuesday) before a six-member bench, which disposed of the matter after hearing the PMDC lawyer.

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 upon the sub­mission of the PMDC counsel said, “No live issue,” and disposed of the suo motu. Jus­tice Ijaz said they will pass a detailed judg­ment on the suo motu and the order.

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.

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.

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