Case Details

Citation(s)
2009 SLG 546 2009 SLD 546 2009 CLC 876
Lahore High Court
Writ Petition No.18696 of 2008, decision dated: 31st December, 2008
NASIM SIKANDAR AND M.A. ZAFAR, JJ

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MUHAMMAD MUDDASSAR YAQOOB

VS

Vice Chancellor, UNIVERSITY OF HEALTH SCIENCES, LAHORE and 4 others

Law:

Section:

Constitution of Pakistan (1973)-------Art. 199---General Regulations of Statutes and Regulations for M.B.,B.S., First, Second, Third and Final Professional Examinations---Constitutional petition---Medical College examination---Chances availed or tin-availed-Principle of past and closed transaction --Petitioner failed in one paper and could not pass the same in four chances---Plea raised by petitioner was that he could not avail third chance due to his illness, therefore, that chance be reinstated---Validity---Un-availed third chance was past and closed transaction and making of any direction in that behalf would amount to transgressing statutory rules of four chances by making them five in the guise of reinstatement of already expired chance "availed or un-availed"---Availing of tour statutory chances was admitted on the part of petitioner, therefore, High Court did not find it justifiable reason to interfere with the order passed by authorities or to make direction that third chance which petitioner failed to avail should be reinstated---Petition was dismissed in circumstances. Syed Mufeed Shah and another v. Principal, Khyber Medical College, Peshawar and others 2006 SCMR 1076; Omer Nassar Muhammad v. Principal, Nishtar Medical College and others 2006 SCMR 695; University of the Punjab and another v. Mst. Samoa Zafar Cheema and 4 others 2001 SCMR 1506; Akhtar Ali Javed v. Principal, Quaid-i-Azam Medical College, Bahawalpur 1994 SCMR 532; Munaza Habib and others v. The Vice-Chancellor and others 1996 SCMR 1790 and Muhammad Hamid Shah v. Pakistan Medical and Dental Council through Secretary and 4 others 1996 SCMR 1101 rel. Ziaullah Khan Niazi for Petitioner. Rasaal Hasan Syed for Respondents Nos. 1 to 3. Rafay Ahmad Khan, A.A.-G. ORDER The petitioner was admitted to First year M.B.,B.S. class in the Allama Iqbal Medical College, Lahore in the year, 2004. He availed first chance for the First Professional in Supplementary Examination, 2006. Having failed he availed his second chance in Annual Examination, 2007. Having again not been able to qualify he was expected to appear in Supplementary Examination, 2007. However, allegedly on account of chronic depression…
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