| Citation(s) |
|---|
| 2006 SLG 1506 2006 SLD 1506 2006 PLD 243 |
Supreme Court of Pakistan
Civil Petition No.314 of 2005, decision dated: 27-01-2006. (On appeal from the judgment and order of the Lahore High Court, Rawalpindi Bench, Rawalpindi, dated 3-12-2004 passed in W.P. No.2896 of 2004).
RANA BHAGWANDAS, KHALIL-UR-REHMAN RAMDAY AND NASIR-UL-MULK, JJ
Shahid Karim, Advocate Supreme Court. Shoukat Aziz Siddiqui, Advocate Supreme Court and Arshad Ali Chaudhry, Advocate-on-Record.
Civil Petition No.314 of 2005, decision dated: 27-01-2006. (On appeal from the judgment and order of the Lahore High Court, Rawalpindi Bench, Rawalpindi, dated 3-12-2004 passed in W.P. No.2896 of 2004).
RANA BHAGWANDAS, KHALIL-UR-REHMAN RAMDAY AND NASIR-UL-MULK, JJ
Shahid Karim, Advocate Supreme Court. Shoukat Aziz Siddiqui, Advocate Supreme Court and Arshad Ali Chaudhry, Advocate-on-Record.
UNIVERSITY OF THE HEALTH SCIENCES LAHORE and others
VS
Sh. NASIR SUBHANI and others UNIVERSITY OF THE HEALTH SCIENCES LAHORE and others vs Sh. NASIR SUBHANI and others
Law:
Section:
Educational institution-----Examination of M.B.,B.S.---Award of grace marks to a student in failing subjects---Validity---Medical practitioners had to deal with precious human lives, thus they would be expected to be fully equipped with professional skill, knowledge and expertise in medical discipline---Award of grace marks would be against the settled principles of good governance and improving higher standard of professional education---Principles. There are serious doubts whether the Vice-Chancellor of University has statutory powers under the statute of the University or any other law for the time being in force to grant grace marks in each subject and thereby deteriorate the quality of education which has already gone below standard. The Syndicate of a University might have certain discretion but the Vice-Chancellor alone, would not be competent to exercise all the powers of the Syndicate and benevolently grant grace marks to the failed candidates in theory as well as practical subjects. It is well-settled that once a student fails to qualify First Professional M.B.,B.S, Examination and avails three chances he would not be entitled to promotion to the Second Professional M.B.,B.S. Class. Even otherwise, this culture of seeking award of grace marks is against the settled principles of good governance and improving the higher standards of, professional education more particularly medical education, because the doctors are required to deal with precious human lives. Medical practitioners are expected to be fully equipped with professional skill, knowledge and expertise in the medical discipline to practise,, the profession, to deal with the patients and looking after their health' and hygienics. JUDGMENT RANA BHAGWANDAS, J.---This petition for leave to appeal is directed against the Lahore High Court judgment dated 3-12-2004, allowing respondents' writ petition seeking following reliefs:-- "It is, therefore, respectfully prayed that Writ may very kindly be issued and the respondents Nos.1 and 2 may very' amiably be directed to award five grace marks to the petitioner in pursuance of Office Order dated 23-1-2004 issued by the respondent No.1. It is further…
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