| Citation(s) |
|---|
| 2006 SLG 513 2006 SLD 513 2006 PLD 682 |
Lahore High Court
I.C.A. No. 68 of 2006 in Writ Petition No. 1331 of 2006, decided on 29th May, 2006
MUHAMMAD SAYEED AKHTAR AND TARIQ SHAMIM, JJ
Mian Arshad Ali, Advocate
I.C.A. No. 68 of 2006 in Writ Petition No. 1331 of 2006, decided on 29th May, 2006
MUHAMMAD SAYEED AKHTAR AND TARIQ SHAMIM, JJ
Mian Arshad Ali, Advocate
Syeda SHAZIA IRSHAD BUKHARI
VS
Vice Chancellor, UNIVERSITY OF HEALTH SCIENCES, Lahore and 2 others
Law:
Section:
Educational institution--- ----First Professional Part-I, M.B.,B.S. Examination---Appellant, a student of First Professional Part-I M.B.,B.S. in Medical College, who had exhausted all three chances prescribed by Rules/Regulations of University of Health Sciences for clearing M.B.,B.S., First Professional Part-I Examination, and failed, had sought fourth chance---Relevant Regulations of University of Health Sciences and P.M.D.C. Regulations, had provided that First Professional M.B.,B.S. comprised of two independent parts i.e. Part-I and Part-II and for each part three consecutive chances, whether availed or unavailed, had been provided for qualifying same---Language of said Regulations was unambiguous and left no doubt that left over chances of First Part, could not be carried over to Part-II---Held, Fourth chance could not be granted to candidate who had already availed three chances of M.B.,B.S. First Professional Part-I. PLD 2004 Pesh. 307 ref. ORDER This Intra-Court appeal is directed against the order dated 9-5-2006 passed by the learned Judge in Chamber dismissing the constitutional petition of the appellant. 2. The appellant was a student of First Professional Part-I M.B.,B.S. in Nishter Medical College, Multan. She exhausted all the three chances prescribed by Rules/Regulations of the University of Health Sciences for clearing the M.B.,B.S. First Professional Part-I Examination. She seeks fourth chance. Learned counsel for the appellant places reliance on PLD 2004 Peshawar 307 to contend that Part-I and Part-II of M.B.,B.S. First Professional are in fact one class and the appellant is entitled to clear both the parts in six chances. 3. We have gone through the impugned order, perused the record and considered the arguments of the learned counsel for the appellant. Relevant Regulations of the University of Health Sciences are as follows:- "3. A candidate who fails Jo pass First Professional Part-I Examination in three consecutive chances, availed or unavailed, after becoming eligible for First Professional Part-I Examination shall cease to become eligible for further medical education. 4. A candidate who fails to pass First Professional Part-II…
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