Case Details

Citation(s)
2016 SLG 1809 2016 SLD 1809 2016 PHC
Peshawar High Court
W.P No. 113-A of 2016, 09.02.2016
QALANDAR ALI KHAN, J

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Talha Baig Etc

VS

Ayub Medical College, Abbottabad Etc

Law:

Section:

Keywords: Result: QALANDAR ALI KHAN, J:- 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 alongwith 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 University (respondent No.2) appeared on short notice, as commencement date of the examination was fast approaching, and assisted the Court by bringing to its notice certain relevant facts. Arguments of the learned counsel for the petitioners were also heard, and record perused. 3. The admitted facts in this case are that though failed in some of the subjects of 2nd Professional MBBS, the petitioners and several others were allowed by respondent No.1to attend the 3rd Professional MBBS in running session at their own risk and cost vide 'notice' dated 27.05.2015, in compliance with the order of this Court in WP No.1736-P/2015 dated 21.05.2015. The record made available would further show that all the five petitioners have passed MBBS 2nd Prof Annual Examination, 2015, according to the result declared on 22.12.2015 and Detailed Marks Certificate dated 29.12.2015. They, therefore, now seek permission to appear in the MBBS 3rd Professional supplementary examination 2015, scheduled to commence from 26.02.2016. 4. The situation that emerges from consideration of the above facts is that on the strength of result of 2nd Professional MBBS declared on 22.12.2015 and permission granted to them by respondent No.1 to attend 3rd Professional MBBS examination in compliance…
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