Law: Calendar of the University of the Punjab, 1998

Section: 31 , 32

University of the Punjab Act (IX of 1973)--- ----Ss. 31 & 32---Final Professional M.B.,B.S. (Revised Latest  Scheme)  Examination  Regulations,  Regln. 3---Statutes of Board of Studies in Medicine-- Constitution of Pakistan (1973), Art. 199---Constitutional petition---Legal status of Regulations and Statutes of Board of Studies in Medicines ---Vires of Regln.3, Final Professional M.B.,B.S. (Revised Latest Scheme) Examination Regulations, on touchstone of Statutes framed under S. 31, University of the Punjab Act, 1973---Candidates appearing in final Professional M.B.,B.S. Examination were required to obtain 50 per cent. marks separately in practical and clinical tests---Petitioners having not obtained requisite marks, they were  not  declared  to  have  passed  such examination----Validity---Scheme of studies including duration of courses, number of subjects and papers for examination are to be provided by Statutes of Board of Studies in Medicine which were framed in terms of S. 31, University of the Punjab Act, 1973---Statutes do not prescribe any condition that candidate has to obtain 50 per cent. marks separately in practical and clinical tests in order to pass in relevant subject---Provision of S.32, University of the Punjab Act, 1973, postulates that subject to provisions of University of the Punjab Act, 1973, and the Statutes, Regulations might be made for matters specified therein---Regulations were thus, to be made subject to provisions of the Act and the Statutes, therefore, they could not take precedence over any of the two for those have to be framed in the light of Statutes and the Act---Regulation 3 of Final Professional M.B.,B.S. (Revised Latest Scheme) Examination Regulations was thus, in conflict with the   Statutes framed under S.31, University of the Punjab Act, 1973, and would be ultra vires to the extent of its conflict with Statutes---Candidates appearing in Final Professional M.B.,B.S. Examination were not required to obtain 50 per cent. marks separately in each of the practical and clinical tests in order to pass in subject of Medicine---Award list prepared by Examiner whereby…