Case Details

Citation(s)
1979 SLG 662 1979 SLD 662 1979 SCMR 604
Supreme Court of Pakistan
Civil Review Petition No. 3 R of 1979 in Civil Appeal No. 4 of 1978, decision dated: 19-06-1979.
MUHAMMAD AKRAM, DORAB PATEL AND G. SAFDAR SHAH, JJ
Sheikh Riaz Ahmad, Assistant Advocate General (Punjab) instructed by Sheikh Ijaz All, Advocate on-Record. Nemo

PRINCIPAL, NISHTAR MEDICAL COLLEGE, MULTAN

VS

MUHAMMAD IQBAL KHAN NIAZI AND 2 others

Law:

Section:

(a) Supreme Court Rules, 1956 O. XXVI Review Reopening and arguing of whole case once again on merits and interpretation placed by Court on relevant provi¬sion Not permissible in review proceedings Constitution of Pakistan (1973, Art. 188. [Review]. Zulfikar Ali Bhutto v. The State P L D 1979 S C 741 ref. (b) Supreme Court Rules, 1956 ---O. XXVI Review Embarking upon a reiteration of same conten¬tion as advanced at time of bearing of appeal and considered and repelled in under review Held, not permissible Constitution of Pakistan (1973), Art. 188. [Review]. (c) Constitution of Pakistan (1973) ---Art. 185 (3) read with Art. 188 Medical College Disciplinary action against student Prayer that at any rate College authorities be allowed to transfer respondent student (rusticated for one year) to another College in Province Supreme Court, held, had no say in matter and open to College authorities to proceed in accordance with law in case they have any power in matter. [Educational institution]. JUDGMENT MUHAMMAD AKRAM, .J. This is a review petition against, the judgment dated 18th of September 1978, whereby this Court partly accepted the Civil Appeal No. 4 of 1978, by special leave filed by respondent No. 1 herein against the present petitioner and some others, Briefly stated the relevant facts necessary for the disposal of this petition are these. The respondent was a final year student in the Nishtar Medical College, Multan. On the 27th of April 1977, he alongwith another student, attacked and beat up a professor of the College in the College premises. In this connection, in due course, the Disciplinary Committee submitted its report to the Principal and the respondent was expelled from the College for a period of three years in accordance with the order passed by him on the 28th of August 1977. The respondent questioned the validity of this order through a writ petition filed in the Lahore High Court at Lahore. But a learned Judge of the Lahore High Court on the 28th of October 1977, dismissed his writ petition. He also failed on an InterCourt appeal which was rejected by a Division Bench of the Court on the 19th of November 1977. This Court however, partly…
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