Law:

Section:

(a) Educational institution--- ---- Pakistan Medical and Dental Council Regulations, 1965, Regln. 4(1), Note (ii)---Students failing to clear First Professional M.B.,B.S. Examination in four chances availed or unavailed would cease to be eligible for further medical education---Interpretation---Regulation 4(1), Note (ii), Pakistan Medical and Dental Council Regulations, 1965, would be applicable only to those cases where said four chances had either been fully but unsuccessfully availed of or had remained "unavailed", in circumstances involving voluntary failure or designed inaction on the part of the student---Where concerned student was able to show that he was demonstrably rendered unfit due to an unavoidable and restricting sickness or prevented by other unavoidable just cause, beyond his control, from availing of a chance, he could not be deemed to have failed in availing one of such four chances. Asim Siddique v. Principal, A.M. College PLD 1992 Pesh. 52 ref. (b) Interpretation of statutes--- ---- Doubts with regard to interpretation of a penal provision were required by law to be resolved in favour of the affectee. (c) Educational institution--- ---- Pakistan Medical and Dental Council Regulations, 1965, Regln. 4(1), Note (ii)---Four availed or unavailed chances to appear in First Professional M.B.,B.S. Examination---Students alleging sickness of various characters which had not specifically been denied---Such sickness, actually suffered could result in debilitation of a student to an extent where he could not be deemed fit enough to take examination in a professional course---All the disabilities pleaded required scrutiny and verification and if confirmed could be valid grounds for holding the failure to avail the chance in question, beyond control and totally unavoidable---Such disabilities, however, having not been controverted at any stage or level, would be deemed to be admitted facts--­Respondents agreed that students would be provided one further and last chance to take the relevant examination, and all the parties would abide by the result of such a chance---Relief to the extent of the terms so specified was allowed to students. (d) Educational…

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