Law:

Section:

Pakistan Medical and Dental Council Regulation------- Regln. 4(ii)---Constitution of Pakistan (1973), Art.199---Constitutional petition---Educational institution---First Professional Examination of M.B.,B.S,---Entitlement to fifth chance---Failure of petitioner/candidate in earlier four chances due to alleged illness---Effect---Provisions of Regln.4(ii) of Pakistan Medical and Dental Council Regulation provided four chances whether availed or unavailed, to c1car the first professional M.B.,B.S. Examination and the same was also incorporated in the prospectus issued to the petitioner/ candidate---Medical certificates could be easily manoeuvred/managed by anyone without really being sick and, therefore, not much credence could be given to such certificates---Petitioner/candidate, held, was not entitled to fifth chance. Shahid Alt v. Karachi University 1998 CLC 1449; Munaza Habib and others v. Vice-Chancellor and others 1996 SCMR 1790; Akhtar Ali Javed v. Principal, Quaid-i-Azam Medical College, Bahawalpur 1994 SCMR 532 and Van Abdullah and another v. Government of Sindh and 3 others 1997 MLD 2581 ref. Asim Siddiqui v. Principal, Ayub Medical College, Abbottabad and another PLD 1992 Pesh. 52 distinguished. ORDER MUHAMMAD ROSHAN ESSANI, J.--- By consent we took up for final hearing all the above three petitions, i.e. Constitutional Petitions Nos.D­1883 of 1998, D-1973 of 1998 and D-57 of 1999 and propose to dispose of these by the common order as the facts and reliefs claimed in all the petitions are almost similar. 2. The facts alleged in Constitutional Petition No.D-1973 of 1998 are that the petitioner was a student of Baqai Medical College, Karachi. In January, 1997, he appeared in the First Professional M.B.,B.S. Annual Examination and cleared theory part of all the subjects but failed in practicals due to domestic problems. Petitioner again appeared in examination, which was held in August, 1997 and except for Anatomy he cleared all the subjects. It is averred that in January, 1998, grandmother of petitioner expired, therefore, he went to his native village and because of that no proper preparation for examination was made by him. Consequently, he again failed…

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