Law:

Section:

University of Health Sciences, Lahore Ordinance (LVIII of 2002)--- --S. 35---Constitution of Pakistan (1973), Art.199---Constitutional petition---Educational institution---Failure to clear M.B.,B.S. professional examination in four chances---Seeking education, a fundamental right-Scope-Candidates failed to clear their M.B.,B.S. professional examination in four chances-Plea raised by the candidates was that restriction to clear M.B.,B.S. professional examination in four chances, imposed by regulations framed under S.35 University of Health Sciences Lahore Ordinance, 2002, was ultra vires the Constitution---Validity---Candidate's fundamental right to seek education was subjected by statutes framed by the State to regulate the studies---Universities and institutions were meant to impart education to students who really were desirous to seek the same---Hard work and devotion in medical education, was not being exhibited by the students---Prior to promulgation of the rules, the candidates were governed by statute and regulations of Punjab University, which put embargo of clearance of examination in four chances availed or un-availed---If a student failed to clear examination in the prescribed chances, he would cease to become eligible for further medical education---Student who failed to clear the examination in prescribed four chances was not entitled to claim any further allowance---Petition was dismissed in circumstances. Ahmad Abdullah and 62 others v. Government of the Punjab and 3 others PLD 2003 Lah. 752; Shafiq Ahmad and other v. Government of the Punjab and others PLD 2004 SC 168; Akhtar Ali Javaid v. Principal, Quaid-e-Azam Medical College, Bahawalpur 1994 SCMR 532; Maroof Khan v. Principal, Ayub Medical College, Abbottabad and 4 others 1996 SCMR 1101 and Munaza Habib and others v. Vice-Chancellor and others 1996 SCMR 1790 rel. JUDGMENT SARDAR MUHAMMAD ASLAM, J.---This judgment shall dispose of Writ Petition No.4117 of 2005; Writ Petition No.4256 of 2005 and Writ Petition No.4448 of 2005, as common question of law and facts are involved. 2. The petitioners are students of Punjab Medical College, Faisalabad and Quaid-e-Azam Medical College, Bahawalpur. They…

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