Issues notices, seeks replies in 14 days; directs petitioners to continue studies till next hearing
Counsel for the petitioners informed the court that the students, all Afghan nationals, had been granted admission under the Afghan quota in different medical and dental colleges . PHOTO: PESHAWAR HIGH COURT WEBSITE
PESHAWAR:
The Peshawar High Court (PHC) on Monday halted the forced deportation of Afghan students enrolled in various medical and dental colleges across Khyber-Pakhtunkhwa, issued notices to the concerned parties and sought their written replies within 14 days.
A division bench comprising Justice Waqar Ahmad and Justice Farah Jamshed was hearing a writ petition filed by 14 Afghan students. Advocate Waseemuddin Khattak appeared for the petitioners, while Assistant Attorney General Ishaq Khalil and National Database & Registration Authority Law Officer Muhammad Mubarak Jan represented the respondents.
Counsel for the petitioners informed the court that the students, all Afghan nationals, had been granted admission under the Afghan quota in different medical and dental colleges through the prescribed legal process. The Higher Education Commission (HEC) had also issued them no objection certificates (NOCs) to facilitate the grant of visas.
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The students are currently pursuing education in various disciplines. However, following the launch of the government’s repatriation plan for Afghan refugees, the Pakistan Medical and Dental Council (PMDC) issued notices on 31 July and 1 September cancelling the admissions of all Afghan students and directing them to return to their country.
Advocate Khattak argued that the cancellations were ordered without any show-cause notice, in clear violation of Article 25 of the Constitution as well as other constitutional provisions and international law. He further contended that the PMDC notices and letters contradicted the NOCs earlier issued by the HEC and that the Council lacked the authority to take such action.
The counsel also drew the court’s attention to a similar case in which the Lahore High Court, on September 11, had suspended the PMDC’s orders and directed Afghan students to continue their studies. He prayed that the authorities be restrained from harassing or pressuring the petitioners.
The bench stayed the forced deportation of the 14 students, issued notices to the respondents seeking replies within 14 days, and adjourned the matter to October 12. The court also directed that the petitioner Afghan students be allowed to continue their education in the meantime.
