Top medical body cancels contract of MDCAT examination service firm

ISLAMABAD: In a surprise move, the Pakistan Medical Commission (PMC) has cancelled the joint venture agreement with a company which in September held Medical and Dental Colleges Admission Tests (MDCAT) of around 200,000 candidates and through advertisement has invited bids for procurement of computer-based examination service.

However, Aamir Masood, the representative of SOAR Testing and Evaluation Plat­form (SMC-private) Limi­ted, which had won the bid for online MDCAT tests for 10 years, said the PMC had not informed the company about cancellation of the agreement and he had learnt it through the advertisement.

On the other hand, Pakis­tan Medical Associa­tion’s (PMA) General Secretary for Punjab Dr Malik Shahid said that it was an attempt at damage control as during hearings of cases in Lahore and Islamabad high courts it was proved that the company was hired against the rules.

Meanwhile, the National Assembly Standing Committee on Health has called the PMC for a briefing on the MDCAT on Wednesday (today).

The MDCAT is a mandatory test for admission to medical and dental colleges. Computer-based tests were held in Sept in 22 cities across Pakistan and six foreign locations. However, students and medical fraternity criticised the exams as the company, which had won the bid for online MDCAT tests and conducted them, was registered with the Security Exchange Commission of Pakistan after due date of filing bids in May this year. Besides, the PMC has been facing allegations that it released advance payment of over Rs115 million to the company.

Later the Lahore High Court (LHC) on Aug 17 stopped the PMC from paying further funds to the company but the PMC again paid Rs86m to the company on Aug 31. Moreover, the LHC referred the matter to the Public Procurement Regulatory Authority (PPRA) to investigate whether the contract was awarded to the company against the rules.

It was also alleged that the company (SOAR) lacked the National Tax Number (NTN) and it used another company’s NTN to get the contract.

The report of the PPRA, available with Dawn, stated that the award of contract to private company was in violation of rules. It also declared, against the stance of PMC, that the amount received from candidates was public fund.

In a latest development, PMC through advertisement invited bids for procurement of computer-based examination services, including operational system. The advertisement says bidders should have NTN and Sales Tax Number and should be on active tax payer list of the Federal Board of Revenue. Companies have been asked to submit bids before Dec 9.

Dr Shahid Malik, while talking to Dawn, said that Islamabad and Lahore high courts were approached by the PMA and other stakeholders and told that the testing company was hired in violation of rules.

“There was another blunder that an agreement of 10 years was signed with the company. Later during hearings of the case it was proved in the court that the agreement was in violation of rules. So the PMC has cancelled the contract in an attempt of damage control,” he said.

Asked if the company will demand damages as the 10-year agreement was cancelled without intimation, representative of the company Aamir Masood said he could not say it at the moment and such a decision could be made after seeking legal opinion.

There exists no finding by any judicial or statutory forum that the agreement was anything but appropriately executed.

“PPRA in its finding referred to the procurement representing an emergency procurement in addition to there being only one provider. In view of this observation, it was considered appropriate that since an emergency procurement is meant to cater to an immediate event or short term, … the agreement between PMC and company be mutually terminated. Hence on the Authority’s recommendation, the Council approved the mutual termination of the JV Agreement and directed a public tender to allow all entities capable of providing the facilities required for holding future examinations to submit their proposals and bids,” a statement issued by the PMC said.

“The decision represents the Commission’s established policy of transparency. It further does not in manner raise a concern on the technical conduct of the exams held up till now which were held transparently and properly in all respects,” the PMC said.

The National Accountability Bureau has been also looking into the issue and has directed the PMC to provide details and documents related to award of the contract.

A faculty member of a medical college, requesting not to be named, said the PMC was again going to make a blunder as it was the job of universities to hold the MDCAT rather than the PMC which was a regulator.

Meanwhile the PMC on Tuesday told the LHC that it had cancelled the contract with the private company that was earlier engaged for holding MDCAT.

Justice Muzamil Akhtar Shabbir was hearing a petition challenging the contract and subsequent payment made to the company, despite a stay order.

The counsel for the PMC also told the court that an advertisement had been published to invite bids from companies in accordance with the public procurement rules.

The lawyer of the petitioner contended that the court had restrained the PMC from making further payments to the company from registration fee collected from the candidates.

The counsel argued that the PMC had committed contempt of court and the act was liable to be punished under the law.

He said the PMC had granted the contract to the company in violation of the procurement rules.

The judge adjourned hearing till Dec 6 for further arguments.

Published in Dawn, December 1st, 2021

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