The Peshawar High Court (PHC) on Monday temporarily halted the forced deportation of 14 Afghan students enrolled in medical and dental colleges across Khyber-Pakhtunkhwa and directed that they be allowed to continue their studies.
A division bench comprising Justice Waqar Ahmad and Justice Farah Jamshed issued the order while hearing a petition filed by the Afghan students. The court also issued notices to the respondents and directed them to submit written replies within 14 days.
Advocate Waseemuddin Khattak represented the students, while Assistant Attorney General Ishaq Khalil and National Database and Registration Authority law officer Muhammad Mubarak Jan appeared for the respondents.
The petitioners’ counsel told the court that all 14 students had secured admission to medical and dental colleges under the designated Afghan quota through the prescribed process. He said the Higher Education Commission (HEC) had also issued no-objection certificates to facilitate their visas.
According to the petition, the students’ education was affected after the government began its Afghan repatriation programme and the Pakistan Medical and Dental Council (PMDC) issued notices on July 31 and September 1, cancelling the admissions of Afghan students and directing them to return to Afghanistan.
Khattak argued that the admissions had been cancelled without issuing the students show-cause notices. He contended that the action violated Article 25 and other provisions of the Constitution as well as international law.
The lawyer further argued that the PMDC directives conflicted with the NOCs previously issued by the HEC and questioned the Council’s authority to cancel the students’ admissions.
He also cited a similar case before the Lahore High Court, where the court on September 11 suspended PMDC directives affecting Afghan students and allowed them to continue their education.
The petitioners asked the PHC to prevent authorities from harassing or pressuring them while their case remained before the court.
After hearing the arguments, the bench stayed the forced deportation of the 14 petitioners and ordered that they be permitted to continue their education in the meantime.
The respondents have been given 14 days to file their replies, while the case has been adjourned until October 12.