Law:

Section:

(a) Constitution of Pakistan (1973)-------Arts. 199 & 189---Judgment of Single Bench of High Court deciding constitutional petition in violation of s of Division Bench of same High Court---Validity---Judgment passed by Division Bench of High Court would be binding on Single Judge of same High Court---Supreme Court set aside impugned for being not sustainable in law. University of Health Sciences v. Atif Aslam and others C.P.No.247 of 2008 ref. University of the Health Sciences v. Sh. Nasir Subhani and others PLD 2006 SC 243; All Pakistan Newspapers Society's case PLD 2004 SC 600 and Multiline Associates' case PLD 1995 SC 423 rel. (b) Constitution of Pakistan (1973)--- ---Arts. 185(3) & 189---Order of Supreme Court granting or refusing leave to appeal---Not a . Syed Najam-ul-Hassan Kazmi, Advocate Supreme Court for Appellants. M. Ozair Chughtai, Advocate Supreme Court/Advocate-on-Record for Respondent No.1. Dr. Umer Farooq, Demonstrator for Respondent No.2. Date of hearing: 10th February, 2010. JUDGMENT CH. IJAZ AHMED, J.--- Necessary facts out of which the present appeal arises are that respondent secured admission in Quaid-e-Azam Medical College, Bahawalpur, in the year 2004 on the basis of self-finance scheme for the period of 2004-2009. Respondent No.1 appeared in First Professional M.B.,B.S. Examination held by the appellants but could not succeed. Subsequently he availed second chance to qualify the First Professional M.B.,B.S. Examination but could not succeed. Thereafter respondent availed 3rd chance of the First Professional M.B.,B.S. Examination and passed the same. Respondent appeared in Second Annual Professional M.B.,B.S. Examination and result was declared in which respondent was failed. Respondent instead of appearing in 3rd and 4th Professional M.B.,B.S. Examination held by the appellants filed Constitution Petition No.1249 of 2008 in the Lahore High Court, Bahawalpur Bench against the appellant on 27-5-2008 with the following prayer:-- "It is, therefore, humbly prayed that the direction may kindly be issued to respondent for the grant of 5 concession marks under notification dated 14-7-2004 in the paper of Anatomy in the first…

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