Law:

Section:

Educational institution--- ----Withholding of result of final year MBBS---Scope---Petitioner-student appeared in final year MBBS but her result was not declared---Validity---University could not withhold result after a candidate had been allowed to appear in the examination---No justification existed to withhold result of petitioner---University was directed to announce result without further loss of time---Constitutional petition was allowed in circumstances. THIS JUDGMENT DELIVERED BY: QALANDAR ALI KHAN, JUSTICE:---.--- Mehmoona Rashid, petitioner, is aggrieved of withholding of her result of one paper i.e. medicine in final MBBS examination held in 2013, and is seeking a direction to the respondent i.e. Khyber Medical University, Peshawar, through Controller of examination, KPK, Peshawar (respondent No. 2) to announce her result of final year forthwith. 2. The perusal of writ petition would reveal that having secured admission in Women Medical College in the year 2007, the petitioner appeared and cleared examinations of 1st year, 2nd year and 3rd year MBBS, but she remained unsuccessful in 4th year (3rd Professional) in one paper i.e. special pathology and also failed to clear the subject of medicine in final year. Anyhow, in pursuance of a Civil Court order, she appeared and cleared the paper of special pathology. Later on, she also appeared in one paper of medicine in final year but her result is not being declared; hence the instant writ petition with the above stated prayer. 3. In compliance with the Court notice, Mr. Niaz Khan Jadoon, Advocate, appeared on behalf of Women Medical College, Abbottabad (respondent No. 1), while Mr. Asad Tanveer Qureshi, Advocate, appeared for respondent No. 2. The learned counsel for the petitioner and learned counsel for respondents were heard, and record perused. 4. The learned Counsel for respondent No. 2 defended withholding of result of final year MBBS of the petitioner, mainly, on the ground that she had appeared in the MBBS final prof. examination, besides other MBBS Professional examinations under Court…

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