Law:

Section:

Calendar of University of the Punjab--- ----Vol II, Part X, Para. 4---Constitution of Pakistan (1973), Art. 199--­Constitutional petition---Examination---First Professional M.B.,B.S./B.D.S. Examination---When a candidate takes the examination either in all the subjects at one time or having appeared and failed in a part of the examination, reappears in the subjects in which he has not passed, he will be entitled to five grace marks but he will be granted this concession only once in this examination---Expression "this examination" pertains to the last examination taken by the candidates and not to the .previous examination---Candidates in the present case, had reappeared in the subjects in which they had not passed and could claim five grace marks in the supplementary examination only and not the earlier Annual Examination---Such right was available to the students regarding the last examination taken by them and not to the earlier examination--­Candidates, in the present case, admittedly appeared in their professional examination but could not pass and did not claim the alleged grace marks from the University but opted to appear in the supplementary examination but again remained unsuccessful---Such candidates could not be , allowed to have volte face alleging that their result of the supplementary examination be ignored and they be awarded five grace marks in the earlier annual examination---Principles. ORDER The Petitioners are students of final/B.D.S., fourth and first year (Part-II) M.B.,B.S. classes respectively in the Lahore Medical and Dental College, Lahore. They appeared in their respective professional Annual Examination, 2003 i.e. final, third and first professional examination (Part-II) held by the, respondent/University of Health Sciences but remained unsuccessful. They opted to appear in Supplementary Examination 2003 held in April, 2004. They again failed. They filed Constitutional petitions i.e. W.P. No.10114 of 2004 and W.P.No.10120 of 2004 for grant of five grace marks in the Annual Examination which were disposed of with a direction to the University of Health Sciences to treat the petitions as their representations. The…

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