The Lahore High Court (LHC) on Friday suspended the implementation of the Pakistan Medical and Dental Council (PMDC)’s directives ordering the deportation of Afghan medical students.
Justice Khalid Ishaq issued the order on a set of petitions filed by 13 Afghan students enrolled at different institutions across Lahore, including King Edward Medical University, Shaikh Khalifa Bin Zayed Al Nahyan Medical and Dental College and the Services Institute of Medical Sciences.
On Sept. 1, the PMDC issued a notification directing Afghan medical students enrolled in Pakistani colleges “to return to Afghanistan,” and barred medical and dental colleges from granting admission or placement to Afghan students for the current academic session. It followed a July 31 notification to the same effect.
In their petitions, the students urged the LHC to declare the PMDC’s notification “illegal and unconstitutional,” without lawful authority, and void from inception.
During proceedings, the petitioners’ counsel argued the students had not been granted a right of hearing and the PMDC had transgressed it’s jurisdiction under the PMDC Act. He maintained the petitioners’ fundamental rights should be treated in accordance with law.
The PMDC lawyer, meanwhile, argued against the suspension of the directives, saying it was a matter of national security. “Even in America, you cannot stay without a valid visa,” he said. To this, the judge remarked that the students could be sent back after completing their medical education.
Rejecting the state security argument, he said there was no state security issue involved in the matter. Ordering the suspension of the PMDC’s directive, he directed allowance for the students to continue their education, sit their examinations and return to hostels. Issuing notices to the respondents, including the PMDC, the health ministry and the vice chancellors of the medical varsities and colleges in question, he adjourned the hearing until Sept. 18.
Earlier, the PMDC had issued a statement defending its directive, noting an ongoing review of Afghan medical students was a matter of regulatory compliance and documentation rather than discrimination against any particular nationality.
It maintained that Pakistan continued to welcome foreign nationals seeking medical and dental education in the country in accordance with its regulatory framework and applicable government policies. It said foreign students who fulfilled the prescribed academic, registration, documentation and immigration requirements were facilitated through the established system.
The council said a verification and regulatory review of Afghan medical students had established that more than 200 were studying medicine in Pakistan, whereas only 22 were presently registered with PMDC. “Of these, 14 had completed their degree programs while eight were expected to graduate next year,” it added.
The council noted, however, that completion of a medical degree did not by itself confer a right to remain in Pakistan for employment or medical practice, and that those intending to practice in Pakistan must fulfill applicable licensing and registration requirements.