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Educational institution--Constitution of Pakistan (1973), Arts. 185 & 199---Respondent having thrice failed to clear all the subjects of 1st Professional M.B., B.S. Examination sought admission in 3rd Year M.B.,B.S. but remained unsuccessful---High Court through ad interim order allowed respondent to get provisional admission in 3rd Year M.B.,B.S.---Respondent after obtaining ad interim order withdrew her constitutional petition---Respondent thereafter, appeared in 2nd Professional M.B., B.S. Examination but could not clear all the subjects---Respondent's request to appear in Supplementary Examination was turned down by the Authority---Respondent then filed second Constitutional petition whereupon Authorities were directed to allow her to appear in supplementary examination--­Respondent filed yet another application before High Court seeking direction to Authorities to declare her result which was granted---Respondent after obtaining ad interim order withdrew her Constitutional petition---Validity---High Court while passing interim order and subsequently allowing withdrawal of Constitutional petition failed to see through the real intent and purpose of filing Constitutional petition by respondent whereby her object was to circumvent provisions of rules contained in prospectus of college and to frustrate adjudication of case on merits by High Court---Manner in which respondent used process of Court to her advantage, needed serious consideration by High Court before granting her any relief under discretionary jurisdiction of Court under Art. 199 of the Constitution---High Court was directed to determine, effect of decision of Supreme Court in Nadir Khan's case (1995 SCMR 421) on maintainability of Constitutional petition filed by respondent---Impugned decisions of High Court were set aside and case was remanded to High Court for decision afresh on merits. Nadir Khan and others v. Principal, Khyber Medical College, Peshawar and others 1995 SCMR 421 rel. M. Sardar Khan, Advocate Supreme Court and M.A. Zaidi, Advocate-on-Record for Petitioners. Muhammad Munir Peracha, Advocate Supreme Court and Ejaz Muhammad Khan, Advocate-on-Record for Respondent No.1 . Raja…

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