Law:

Section:

(a) Civil Procedure Code (V of 1908)-------S. 114 & O.XLVII, R.1---Constitution of Pakistan (1973), Art.199--- Constitutional petition---Review---Educational institutions--- Examination---Petitioner/candidate appeared in first Professional M.B.,B.S. Annual Examination 2000 and vide Notification was declared successful, but through another Notification was declared failed in three subjects---Petitioner having failed to appear in consecutive successive three examinations viz. 2nd Annual 2000, 1st Annual 2001 and 2nd Annual 2001, he was expelled from Medical College on the ground that he could not pass said examination in four chances (availed or unavailed) according to Rules---Next 2nd Annual Examination was to commence on 26-10-2000 whereas notification declaring petitioner failed in 3 subjects was issued on 24-10-2000 with only one day intervening between issuance of notification of his failure and commencement of examination and it was not humanly possible to complete formalities for appearing in that examination in such time---When chance for appearing in that examination was not available, it should not have been considered as a chance not availed by him---Under the Rules petitioner had got one chance at his credit for appearing in said examination of which he was illegally deprived by the University and College---In order to saddle a candidate with the liability of not availing chance, the chance should be provided to him for appearing in the examination---Without making chance available to candidate, he could not be blamed for not availing same---Chance for appearing in 2nd Annual 2000 examination being not made available to candidate that examination should not have been considered to have been unavailed by him---Earlier said facts were not brought to the notice of High Court and Constitutional petition filed by petitioner was dismissed; as soon as said facts and documents came to the notice of candidate he had promptly filed review application along with application for condonation of delay which was supported by affidavit and which had not been rebutted by any counter-affidavit by Authorities---Review application as well as application for…

Deprecated: trim(): Passing null to parameter #1 ($string) of type string is deprecated in /home/digixyei/sldsystempk.com/view/master-layout/view_case.php on line 492