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SHC extends stay against rustication of MBBS student

Karachi, Sep 1: A division bench of the Sindh High Court (SHC), comprising Justice Musheer Alam and Justice Faisal Arab, on Friday extended stay against the rustication order of a student from Dow University of Health Sciences for four weeks.

Muhammad Usman Tariq, MBBS final year student of Dow Medical College (DMC) was rusticated for one year on July 21 this year under the "Student Conduct Rule" for participating in a protest against the raise in examination fees. The rustication memorandum issued by the principal of DMC was challenged in the SHC, which granted a stay against its operation on August 15, directing the university administration to allow the petitioner take his classes and appear in exams till the next order.

The applicant's counsel informed the court on Friday that despite the stay order the DUHS issued a show cause notice to Usman Tariq on August 18. He submitted that no show cause could be issued until the instant petition was withdrawn.

Afsar Abdi advocate, appearing for the DUHS, stated that the show cause notice was rendered in view of court direction to conduct inquiry against the applicant. Apparently, such course was adopted to cut controversies and avoid multiplicity of proceedings.

The division bench, after hearing arguments, directed the petitioner to file a reply of the show cause notice within one week and appear before the disciplinary committee. It also directed the committee to complete the inquiry and place its report before the court within two weeks. The matter would now be taken up after four weeks.

The DUHS has constituted a five-member committee comprising Justice (retd) Saeeduz Zaman Siddiqui, Prof. Abdul Ghaffar Billo, Prof. Ghaffar Memon, Prof. Nargis Soomro and Dr Ejazul Haque to conduct an inquiry against Usman Tariq.

The show cause notice issued to the applicant on August 18 by Principal DMC has charged that Usman Tariq unlawfully entered in a lecture hall during an in-session class, snatched the mike and started addressing students. "Your act clearly amounts to misconduct of students rule," it charged.

In his reply the applicant submitted that he could not answer the notice as the matter was subjudice and any reply could be considered as contempt of court. The news
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