Law:

Section:

Educational institution--- ----Examination---Candidate appeared in First Professional M.B.B.S. Part-I Examination 2003 but failed; she reappeared in the supplementary. Examination held in 2004 and qualified the examination; she took the First Professional M.B.,B.S. Part-II Annual Examination 2004 but remained unsuccessful; she again appeared in Supplementary Examination held in April, 2005 and Annual Examination in December, 2005 but could not qualify and thus exhausted all the three chances permissible under the rules---Contentions of the candidate were that the First Professional Examination M.B.,B.S. was split into two parts, Part-I and Part-II put together were to be considered as one class and candidate could avail the one chance not used by her in the First Professional M.B.,B.S. Part-I as she had qualified the same in two chances---Candidate further urged the prescribed forty day's time between the two examinations was not provided to her as such she could not properly prepare for the Supplementary Examination held in April, 2005---Validity---Held, relevant Regulations of the University revealed that the First Professional M.B.,B.S. comprised of two independent parts i.e. Part-I and Part-II and for each part three consecutive chances, availed or unavailed, had been provided for qualifying the same---Three chances were part specific and by no stretch of imagination could be carried forward---Language of the said Regulations was unambiguous and left no doubt that the left over chances of the First Part could not be carried over to the Part-II---Candidate had opted to avail the earliest opportunity for clearing the examination, therefore, she could not be allowed to have a volte face to say that she was not provided sufficient time---Right of the candidate to seek education was subject to Statutes/Regulations framed by the University to regulate the studies---If a student failed to clear the examination in the prescribed chances, he ceased to become eligible for further medical education. Sadua Firdous v. Government of Punjab and others C.Ps. Nos.1448, 1459 and 1460-L of 2005 fol. Alaptagin v. Principal, Saidu Sharif Medical College, Swat and 3 others PLD…

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