| Citation(s) |
|---|
| 2017 SLG 327 2017 SLD 327 2017 MLD 102 |
Peshawar High Court
W.P. No. 1026-A of 2015, decided on 9th February, 2016. Date of hearing: 9th February, 2016.
LAL, JAN KHATTAK, JUSTICE AND QALANDAR ALI KHAN, JUSTICE
Fakhr-e-Alam Jhagra for Petitioners. Asad Tanveer Qureshi for
Respondents.
W.P. No. 1026-A of 2015, decided on 9th February, 2016. Date of hearing: 9th February, 2016.
LAL, JAN KHATTAK, JUSTICE AND QALANDAR ALI KHAN, JUSTICE
Fakhr-e-Alam Jhagra for Petitioners. Asad Tanveer Qureshi for
Respondents.
LUBNA HAMEED AND others
VS
. CONTROLLER OF EXAMINATIONS, KHYBER MEDICAL UNIVERSITY, PESHAWAR AND others
Law:
Section:
Educational institution------.----- ------.-------Candidate having exhausted four prescribed (availed/un-availed) attempts in her B. D. S. First Professional examination------.-----Registration, cancellation of------.-----Scope------.-----Petitioner-student remained unsuccessful in some papers of B. D. S. First Professional examination and her registration was cancelled by the Dental College------.-----Contention of petitioner-student was that a number of other students were allowed to avail more than 8/9 chances but their registrations were not cancelled------.-----Validity------.-----Petitioner-student had already availed seven chances in First Professional Examination of B.D.S. which were beyond prescribed four chances (availed/un-availed)------.-----Extra chances were availed by the petitioner-student under orders of the Courts------.-----Permission of the Court granted to a student was never unqualified and same was at the risk and cost of student------.-----Availing of more chances beyond the prescribed limit would not confer a right on a student to avail further chances------.-----High Court observed that in some of the private Medical and Dental Colleges students availed more than the four prescribed chances in one professional MBBS/BDS examination by securing permission from the Courts not once but at number of times and continued medical/dental education for several years------.-----Authorities were directed to check such practice in the interest of medical/dental education------.-----Constitutional petition was dismissed in limine in circumstances. THIS JUDGMENT DELIVERED BY: QALANDAR ALI KHAN, JUSTICE:------.----- The instant writ petition was moved by three petitioners, namely, Lubna Hameed (petitioner No.1), Bisma Shafiq (petitioner No.2) and Neelam Qazi (petitioner No.3); but today, at the outset, the learned counsel for the petitioners stated that he would not press the writ petition to the extent of petitioners Nos.1 and 2. Therefore, the writ petition would now be confined to petitioner No.3, Neelam Qazi, who, having joined BDS in Women Medical and Dental College, Abbottabad (respondent No.2), remained unsuccessful in some papers of First…
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