Law:

Section:

Medical Council Ordinance (XXXII of 1962)--S.33---Pakistan Medical and Dental Council Regulations, 1965, Regln.23(b)---Constitution of Pakistan (1973), Art. 185(3)---Educational institution---Re-evaluation of answer books of candidate---Candidate dissatisfied with result of M.B.,B.S. First Professional Examination declared in March, 1997 invoked Constitutional jurisdiction of High Court for re­evaluation of his answer script of papers---Powers of Vice-Chancellor of the University under Regln. 23(b) of Pakistan Medical and Dental Council Regulations, 1965, to re-evaluate had been deleted and the same was approved by Syndicate on 26-4-1997---High Court, while allowing the Constitutional petition of the candidate found that deletion would not affect merits of the case of the candidate inasmuch as the deletion would be treated to have prospective effect and could not have any retrospective operation being subordinate legislation---Validity---Leave to appeal was granted by Supreme Court to consider legal effect of the deletion of Regln. 23(b) of Pakistan Medical and Dental Council Regulations, 1965 on first professional examination held in March, 1997, result of which was declared after issuance of notification, dated 26-4-1997. Ch. Muhammad Farooq, Senior Advocate Supreme Court and Rana Maqbool Ahmed Qadri, Advocate-on-Record for Petitioners. Respondent No. l in person. Date of hearing: 22nd November, 1999. ORDER SH. RIAZ AHMED, J.---The University of the Punjab aggrieved by the judgment and order, dated 3-6-1999 delivered by a learned Judge of the Lahore High Court, whereby the University was directed to re-evaluate the answer books of the respondent No. 1, seeks leave to appeal against the aforesaid judgment. 2. The relevant facts are that in the year 1992 the respondent No.1 was admitted in the K.E. Medical College, Lahore as a student of M.B.B.S. On completion of academic session, the respondent was disallowed to take the first professional examination due to the shortage of lectures. However, subsequently his roll number was issued, but he did not appear and was marked absent in the examination of 1994. However, under the Regulation, he was eligible to clear…

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