Peshawar High Court Grants Interim Relief to Afghan Student in Medical College Admission Case

PESHAWAR: The Peshawar High Court (PHC) has temporarily restrained the admission committee for public-sector medical colleges from excluding an Afghan female student from the ongoing admissions process over her inability to produce an Afghan passport and visa.

The interim relief was granted by a two-member bench comprising Justice Ijaz Anwar and Justice Wiqar Ahmad, which issued notices to the respondents, including the vice chancellor of Khyber Medical University (KMU) and the chairman of the central admission committee. The court sought their responses to a petition filed by Ruby, an Afghan refugee student holding a Proof of Registration (PoR) card.

In her petition, the student challenged the requirement of submitting a passport and visa at the admission stage, arguing that it was contrary to the prevailing admissions policy, illegal and discriminatory. She contended that as a registered Afghan refugee residing in Pakistan, the imposition of additional documentation requirements effectively barred her from competing on merit despite fulfilling academic criteria.

The petitioner requested the court to direct the respondents to call her for an interview after the display of the final merit list and, if she qualifies on merit, to grant her admission to the relevant MBBS or BDS programme. She also sought an order restraining the authorities from altering the merit list or excluding her candidature solely on the basis of her inability to submit a passport and visa at this stage of the process.

After hearing preliminary arguments, the bench granted interim relief by restraining the admission committee from excluding the petitioner from the admissions process until further orders. The court fixed December 30 as the next date of hearing and directed the respondents to submit their replies by then.

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Advocate Mian Zakir Hussain, representing the petitioner, informed the court that his client is an Afghan national registered with the Commissionerate of Afghan Refugees along with her family. He submitted that she had completed her Secondary School Certificate (SSC) and Higher Secondary School Certificate (HSSC) education in Pakistan and subsequently appeared in the Medical and Dental College Admission Test (MDCAT), securing competitive marks.

The counsel argued that the petitioner had met all academic requirements for admission and that denying her consideration due to documentation requirements not explicitly mandated at the current stage would violate principles of fairness and equal treatment.

The case highlights broader questions surrounding access to higher education for refugee students in Pakistan and the interpretation of admission policies applicable to non-citizens enrolled in public-sector institutions. The court’s final determination is expected to clarify the legal position on documentation requirements for Afghan refugees seeking professional education.