The Peshawar High Court (PHC) has issued a stay order preventing the deportation of 14 Afghan trainee doctors enrolled in medical and dental colleges across Khyber Pakhtunkhwa. The court also issued notices to the Pakistan Medical and Dental Council (PMDC) and other relevant parties.
A division bench of the PHC, consisting of Justice Ijaz Anwar and Justice Kamran Hayat Khan, heard a petition filed against the deportation of these Afghan nationals. The petitioners’ lawyer explained that the doctors had entered Pakistan on valid visas, which have since expired, and were currently undergoing specialized medical training at various hospitals.
It was highlighted that these doctors gained admission to different medical and dental colleges under the Afghan quota through the official admission process. Furthermore, the Higher Education Commission (HEC) had issued no-objection certificates to support their visa facilitation.
However, the PMDC revoked the admissions of these Afghan students, prompting medical colleges to issue notices to the affected students and trainee doctors as per the council’s directives. The petitioners argued that canceling their admissions without offering them a chance to be heard violated Article 25 of the Constitution as well as Pakistan’s international legal commitments.
In response, the PHC stayed the deportation order for the 14 petitioners, permitting them to continue their education until the next hearing. The court requested replies from the respondents within 14 days and adjourned proceedings until October 12.
This case adds to a series of ongoing legal disputes regarding PMDC’s directives affecting Afghan medical and dental students enrolled in Pakistan.
The controversy began when the PMDC issued directives on July 31, followed by a letter dated September 1, barring medical and dental institutions from admitting, placing, transferring, or migrating Afghan nationals during the current academic session. The council also instructed institutions to comply with its orders for Afghan students already enrolled and to complete administrative procedures for their return to Afghanistan in coordination with relevant authorities.
The PMDC clarified that its review of Afghan medical students was based on regulatory, documentation, and immigration criteria rather than nationality. It noted that over 200 Afghan students were studying medicine in Pakistan, but only 22 were officially registered with the PMDC. The council maintained that foreign nationals could pursue medical education in Pakistan if they met academic, registration, documentation, and immigration requirements. It also stated that affected students were being assisted in fulfilling formalities and arranging their return in line with government policy.
The issue initially reached the Lahore High Court (LHC), where Afghan students challenged the PMDC’s return directives. On September 11, Justice Khalid Ishaq suspended the PMDC’s July 31 and September 1 directives concerning the petitioners. The court allowed the students to continue their education, sit for examinations, and remain in their hostels. It also prohibited medical colleges in Punjab from expelling students or canceling exams.
This LHC intervention followed petitions filed by Afghan students enrolled at institutions such as King Edward Medical University, Shaikh Khalifa Bin Zayed Al Nahyan Medical & Dental College, and the Services Institute of Medical Sciences. During hearings, the PMDC’s counsel argued the students lacked valid visas and invoked national security and government policy concerns. Conversely, petitioners asserted they were removed without due process and that the PMDC had overstepped its authority. The LHC later extended the suspension as the PMDC and a university requested additional time to respond.
Meanwhile, the Balochistan High Court (BHC) adopted a contrasting stance. On September 15, a two-judge bench dismissed petitions from Afghan nationals seeking permission to continue their medical and dental education and postgraduate training. The BHC held that foreign nationals do not have an inherent right to remain in Pakistan or pursue professional education contrary to state policy. It emphasized that immigration, repatriation, and national security fall under the executive’s jurisdiction and declined to interfere with the PMDC directives. Nonetheless, the court stressed that Afghan nationals should be treated with dignity, fairness, and in accordance with legal standards.
The BHC ruling stands in contrast to the LHC’s interim relief, which allowed affected students to continue studies and exams pending further proceedings.
The Islamabad High Court (IHC) has also weighed in. On September 16, it suspended an expulsion order against Afghan national Dr. Imadud Din, halting his deportation and permitting him to continue postgraduate medical training. Justice Khadim Hussain Soomro granted interim relief in a petition filed by the doctor’s Pakistani wife. The petitioner’s counsel argued the PMDC’s July 31 directive could not be applied retroactively to a doctor already engaged in postgraduate training. The court restrained authorities from terminating or obstructing his training based solely on the PMDC communication.
The recent PHC order adds a further judicial layer to the ongoing legal disputes concerning the status and rights of Afghan medical and dental students and trainee doctors in Pakistan.
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