| Citation(s) |
|---|
| 2022 SLG 629 2022 SLD 629 2022 MLD 243 |
Supreme Court (AJ&K)
Civil Appeal No.68 of 2020, decided on 16th August, 2021. Date of hearing: 4th August, 2021. (On appeal from the judgment of the High Court dated 5-9-2019 in Writ Petition No.1006 of 2018).
KH. MUHAMMAD NASIM, JUSTICE, RAZA ALI KHAN, JUSTICE
Syed Sayyad Hussain Gardezi, Advocate for Appellants. Raja Muhammad Arif Rathore, Raja Amjid Ali Khan and Ch. Zafar Mehmood, Advocates for
Respondents.
Civil Appeal No.68 of 2020, decided on 16th August, 2021. Date of hearing: 4th August, 2021. (On appeal from the judgment of the High Court dated 5-9-2019 in Writ Petition No.1006 of 2018).
KH. MUHAMMAD NASIM, JUSTICE, RAZA ALI KHAN, JUSTICE
Syed Sayyad Hussain Gardezi, Advocate for Appellants. Raja Muhammad Arif Rathore, Raja Amjid Ali Khan and Ch. Zafar Mehmood, Advocates for
Respondents.
SECRETARY HEALTH, AZAD GOVERNMENT OF THE STATE OF JAMMU AND KASHMIR AND ANOTHERS
VS
MUHAMMAD LATIF BUTT AND 5 OTHERS
Law:
Section:
(a) MBBS and BDS (Admissions, House Job and Internship) Regulations, 2016--- ----Regln.11---Re-admission of students---Scope---Question before Supreme Court was whether the special chance extended by the University in favour of petitioner was in line with the PMDC (Pakistan Medical and Dental Council) regulations---Validity---Eligibility criteria for a candidate to appear in 1st and 2nd professional examination was provided in Regln. 11 of MBBS and BDS (Admissions, House Job and Internship) Regulations, 2016---Regulation provided that a candidate who had failed to pass first professional Part-I or Part-II examination in four consecutive chances, availed or un-availed, was not eligible to pursue further medical education---Special chance granted by the University in favour of the petitioner was in contravention of the PMDC Rules and Regulations, hence, the same was rightly cancelled from the date of issuance by the same Authority---Appeal was accepted. Munaza Habib and others v. The Vice Chancellor and others 1996 SCMR 1790 rel. (b) Educational institution--- ----Right to seek admission in an educational institution and to continue studies therein is always subject to the rules of discipline prescribed by the institution, therefore, a student who intends to pursue his studies in the institution is bound by such rules. (c) Administration of justice--- ---Void order---Scope---Even a void order must be challenged if one intends to get rid of its effects. Shafqat Hayat v. Muhammad Shahid Ashraf and 18 others (2005 SCR 57 and Azad Government of the State of Jammu and Kashmir through Secretary Elementary and Secondary Education, Muzaffarabad and 3 others v. Mukhtar Ahmed and 12 others 2019 YLR 2111 rel. (d) Pleadings--- ----Point which is not taken in the pleadings by a party cannot be made basis for giving him the relief. Muhammad Hussain v. Abdul Majid and others 1993 SCR 319 ref. (e) Pleadings--- ----Judgment has to be based on pleadings of the parties and a Court cannot travel beyond pleadings. Muhammad Hussain v. Abdul Majid and others 1993 SCR 319 ref. JUDGMENT RAZA ALI KHAN, J.---- The captioned appeal by leave of the Court arises out of the judgment dated…
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