| Citation(s) |
|---|
| 2006 SLG 1519 2006 SLD 1519 2006 PLD 300 |
Supreme Court of Pakistan
Civil Petition No.45 of 2006, decision dated: 26-01-2006. (On appeal from the judgment of the Lahore High Court, Bahawalpur Bench, Bahawalpur, dated 10-11-2005 passed in Writ Petition No.2029 of 2005).
RANA BHAGWANDAS, KHALIL-UR-REHMAN RAMDAY AND NASIR-UL-MULK, JJ
Sardar Muhammad Rafiq Khan, Advocate Supreme Court.Nemo.
Civil Petition No.45 of 2006, decision dated: 26-01-2006. (On appeal from the judgment of the Lahore High Court, Bahawalpur Bench, Bahawalpur, dated 10-11-2005 passed in Writ Petition No.2029 of 2005).
RANA BHAGWANDAS, KHALIL-UR-REHMAN RAMDAY AND NASIR-UL-MULK, JJ
Sardar Muhammad Rafiq Khan, Advocate Supreme Court.Nemo.
MUHAMMAD UMAR WAHID and others
VS
UNIVERSITY OF HEALTH SCIENCES LAHORE, and others MUHAMMAD UMAR WAHID and others vs UNIVERSITY OF HEALTH SCIENCES LAHORE, and others
Law:
Section:
Statutes and Regulations of University of Health Sciences, Lahore, 2004-------Regln.3---Constitution of Pakistan (1973), Art.185(3)---Educational institution---First professional Part I of M.B.B.S. examination, non-clearance of---Grievance of petitioners was that their promotion to Part II could not be withheld on account of failure to pass subjects of Part I examination---Validity---Provisions of Regln. No.3 of Statutes and Regulations of University of Health Sciences, Lahore, dated 14-7-2004, were applicable to all medical colleges falling under its authority and the same had imposed a bar on the promotion of students to second year until all subjects in first professional Part I examination were cleared---Such provision of Statutes and Regulations of University of Health Sciences, Lahore, dated 14-7-2004, was not only in conflict with the restrictions imposed by Pakistan Medical and Dental Council but was a further step in achieving the objects for which the provision was incorporated to strengthen the academic competency of students---Supreme Court having not found any error in the conclusion drawn by High Court, leave to appeal was refused. Alaptagin v. Principal, Saidu Sharif Medical College, Swat and others PLD 2004 Pesh. 307 distingusihed. JUDGMENT NASIR-UL-MULK, J.---By a common judgment the Lahore High Court on 10-11-2005 dismissed fourteen Writ Petitions filed by students of Quaid-i-Azam Medical College, Bahawalpur questioning the orders of the .Principal of the College disallowing them to appear in the examination of the next higher class on the ground that they had not cleared the subjects of the previous classes. The petitioners, seven in number, who have filed this petition for leave to appeal were studying in the first year M.B.,B.S., were admitted to the College in the Session 2003-2004 and had impugned order of the Principal dated 6-6-2005, which specifically related to them. The High Court had for the dismissal of the writ petitions relied upon Regulation No.3 of the Statutes and Regulations for M.B.B.S. first, second, third and final professional, examinations, made by the University of Health Sciences, Lahore published by notification onβ¦
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