Law: Pakistan Medical and Dental Council Ordinance (XXXII of 1962)

Section: 11

Law: Constitution of Pakistan, 1973

Section: 199

Pakistan Medical and Dental Council Ordinance (XXXII of 1962)--- ----S.11---Constitution of Pakistan, Art.199---Constitutional petition---Educational institution---Medical colleges, evening shift in---Petitioners got admission in medical college in evening session and after one year of education authorities suspended evening shift of classes---Validity---Petitioners applied for morning course in same academic year but they did not qualify test of morning classes, thereafter in their second attempt they availed opportunity of evening classes announced by University---Pursuance to that, petitioners were admitted by University having such knowledge that the admission was for evening classes only---Petitioners attended their classes in first academic year of their course for a week only, therefore, their claim for admission in morning classes would affect academic carrier of regular students---Factually there was limited allocation of seats to every institution by Pakistan Medical and Dental Council and no college could exceed such limit thus claim of petitioners had no legal strength---Petition was dismissed in circumstances. Chairman, Selection Committee v. Wasif Zamir Ahmad 1997 SCMR 15 and Imdad Hussain v. Province of Sindh PLD 2007 Kar. 116 ref. Pakistan Medical and Dental Council v. Ziauddin Medical University PLD 2007 SC 323 distinguished. ORDER NAIMATULLAH PHULPOTO, J.---Through this order, we intend to dispose of captioned Constitutional Petitions, as all petitions relate to the same subject-matter involving common question of law. 2. Constitution Petition No.D-958/2013 is the leading petition, wherein the petitioners have prayed for the following relief(s):-- (a) That this honourable Court may graciously be pleased to declare that above act of respondents by suspending/stopping/cancelling classes of petitioners in the Evening Shift Medical Course in Chandka Medical College Larkana Sessions 2013-14, without any reason or fault on the part of students as illegal, without lawful authority, justification, in violation of principles of natural justice and norms of equity. (b) That this honourable Court may further be pleased to direct the respondents to…

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