Case Details

Citation(s)
2005 SLG 1455 2005 SLD 1455 2005 CLC 1925
Lahore High Court
Writ Petitions Nos.4142 and 5574 of 2005, decision dated: 14-04-2005.
RUSTAM ALI MALIK AND SARDAR MUHAMMAD ASLAM, JJ

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SANA SULTAN-

VS

UNIVERSITY OF HEALTH SCIENCES

Law:

Section:

(a) Constitution of Pakistan (1973)-------Art. 199---Constitutional petition---Educational Institution---Examination---Petitioners had to clear first professional Part-II Examination of M.B.B.S. within three permissible chances---Petitioners who availed said three chances, but failed to clear the first professional Part-II, had ceased to become eligible for further Medical Education and students at the top of merit were granted admission in institution---Said order could not be challenged in Constitutional petition because only bright, studious and hardworking students were to be selected in the field of Medicine---Students who were carefree in studies, could not be allowed to sit in colleges for indefinite period and occupy seats which could be available to any other deserving student---Those who failed to come up to the standard prescribed by educational institutions and fell below in merit, should select some other field and should not be allowed to waste time and money. Ahmad Abdullah and 62 others v. Government of the Punjab and 3 others PLD 2003 Lah. 752; Shafique Ahmad and others v. Government of the Punjab and others PLD 2004 SC 168; Abdul Wadood and 18 others v. University of Health Sciences, Sheikh Zayed Hospital, Lahore through Vice-Chancellor and 3 others 2005 CLC 467; Akhtar Ali Javed v. Principal Quaid-i-Azam Medical College, Bahawalpur 1994 SCMR 538; Maroof Khan v. Principal Ayub Medical College, Abbotabad and 4 others 1996 SCMR 1101; Munza Habib and others v. The Vice-Chancellor and others 1996 SCMR 1790 and Akhtar Ali Javed v. Principal, Quaid-i-Azam Medical College, Bahawalpur 1994 SCMR 532 ref. (b) Constitution of Pakistan (1973)--- ----Art. 199---Constitutional jurisdiction---Scope---Constitutional jurisdiction, was to be exercised in order to advance and promote justice in accordance with law and was not meant to bypass the provisions of statute. Munir Ahmad Bhatti for Appellants. Syed Najam-ul-Hassan Kazmi for Respondent. ORDER This order shall dispose of Writ Petition No.4142 of 2005 and Writ Petition No.5574 of 2005, as common question of law and facts are involved. 2. The petitioners are, students of Lahore Medical and Dental College,…
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