| Citation(s) |
|---|
| 1997 SLG 641 1997 SLD 641 1997 SCMR 583 |
Supreme Court of Pakistan
Civil Appeal No.390 of 1993, decision dated: 19-11-1995
ZIA MAHMOOD MIRZA, MUHAMMAD MUNIR KHAN AND MUHAMMAD BASHIR KHAN, JEHANGIRI, JJ
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Civil Appeal No.390 of 1993, decision dated: 19-11-1995
ZIA MAHMOOD MIRZA, MUHAMMAD MUNIR KHAN AND MUHAMMAD BASHIR KHAN, JEHANGIRI, JJ
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PRINCIPAL, QUAIDEAZAM MEDICAL COLLEGE, BAHAWALPUR and anothers
VS
NASIM AHMAD and others
Law:
Section:
Pakistan Medical and Dental Council Regulations, 1965--Regln.7---Educational institution---Debarring student from continuing his studies (in Medical College) any further for having failed to clear First Professional M.B.,B.S. Examination in four chances offered by the University and striking off his name from college rolls---Student's Constitutional petition was dismissed by High Court---High Court in Intra-Court Appeal with reference to R.7, Pakistan Medical and Dental Council Regulations, 1965 found that student was entitled to avail of four clear chances after becoming eligible for said examination; and that eligibility could only be acquired if he had completed attendance of required number of lectures---Student being not eligible in three chances when due to shortage of lectures he was not sent up for such examination, he was allowed in fourth chance to sit in examination after completion of his shortage of lectures; he was thus eligible for the first time in which he was allowed to sit but could not clear the same---Student's appearance in examination (when he became eligible) would be deemed to be his first chance and three chances were still available to him for clearing his First Professional M.B.,B.S. Examination, when his name was struck off the college roll--Impugned of High Court in Intra-Court Appeal being correct no interference was warranted therein. Khawaja M. Zia Nayyar, Advocate Supreme Court and Khan Imtiaz Muhammad Khan, Advocate-on-Record for Appellants. Respondents: Ex parte. Date of hearing: 19th November, 1995. JUDGMENT ZIA MAHMOOD MIRZA, J.---This appeal by leave of the Court is directed against the judgment of Lahore High Court, Bahawalpur Bench, dated 14-3-1993 whereby Intra-Court Appeal (I.C.A. 19 of 1992/BWP) filed by two respondents herein, the students of 1st year M.B.,B.S. Class of Quaid-i-Azam, Medical College, Bahawalpur against the dismissal of their writ petition was allowed, order of the learned Single Judge set aside and writ prayed for was issued directing the authorities, the appellants herein "to allow the appellants to avail of three more remaining chances for clearing First Professional M.B.,B.S, Examination." 2. It…
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