Law:

Section:

Educational institution--- ----- --------- Right to appear in supplementary examination without appearing in the annual examination --------- Permissibility --------- Petitioners failed to pass the 2nd Professional MBBS both in the Annual as well as in supplementary examinations, however, on basis of interim order passed by the High Court in some other petition, they were allowed to attend the classes of the 3rd Professional MBBS --------- Petitioners, having passed the 2nd Professional in the next Annual examination, claimed that they should have been allowed to sit in the 3rd Professional MBBS supplementary examination for the same year---Validity --------- Petitioners had been allowed to attend the classes of the 3rd Professional at their own risk and cost --------- Petitioners, having not appeared in the annual examination of the 3rd Professional could not claim their eligibility to appear in the upcoming supplementary examination, which was ordinarily meant for those students who failed in the annual examination --------- Petitioners, however, would be eligible to appear in the 3rd Professional MBBS in the Annual examination---No violation of the vested right---Constitutional petition was dismissed in circumstances. THIS JUDGMENT DELIVERED BY: QALANDAR ALI KHAN, JUSTICE:------------------ The grievance of Talha Baig and other four petitioners, highlighted through the instant writ petition, is that having joined Ayub Medical College, Abbottabad (respondent No.1) and after clearing annual examination of the First Professional MBBS, they failed in some of the papers of 2nd Professional MBBS. They also could not clear some of the papers in the supplementary examination, but were allowed to attend the classes of 3rd Professional MBBS in line with the judgment dated 30.06.2015 of this Court in WP No.9 of 2015 along with other connected petitions. Meanwhile, they passed all the subjects of 2nd Professional MBBS and thus became eligible for 3rd Professional Examination, but they were not allowed to appear in the upcoming examination of 3rd Professional MBBS commencing from 26th February, 2016. 2. Mr. Asad Tanveer Qureshi, Standing Counsel for Khyber Medical…

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