2006 PLP 463 (CLC)

SARDAR MUHAMMAD ASLAM, J.

This judgment shall dispose of Writ Petition No.4117 of 2005; Writ Petition No.4256 of 2005 and Writ Petition No.4448 of 2005, as common question of law and facts are involved.

2. The petitioners are students of Punjab Medical College, Faisalabad and Quaid-e-Azam Medical College, Bahawalpur. They failed to clear their examination in the four permissible chances. They were allowed to sit in examination under an interim order passed by this Court, result of, which has not been declared by the respondent-University.

3. Learned counsel for the petitioners contended that rules promulgated under the Ordinance are retrospective in, nature; the restriction imposed for clearance of the Professional Examination in four chances is an infringement of fundamental 'right to seek education guaranteed by the Constitution and that the Ordinance is ultra vires to the Constitution.

4. On the other hand, learned counsel representing University argued that under section 35, the University is empowered to frame rules and regulations; the restriction of clearing examination in permissible chances under the rules is not an infringement of fundamental right to seek education.

5. We have heard the submissions of the learned counsel for the parties and perused the record.

6. Section 35 of the University of Health Sciences Ordinance, 2002 empowers framing of regulation.

7. Rule 5 of the statute and regulation for M.B.,B.S. First, Second Third and Final Professional examination provides four consecutive chances to pass First Professional (Composite) examination. It is advantageous to reproduce Rule 5 for convenience of reference:-- "Rule

5. A candidate who fails to pass First Professional Composite Examination in four consecutive chances, availed or unavailed, after becoming eligible for First Professional Composite Examination shall cease to become eligible for further medical education."

8. We firstly advert to the contention of the learned counsel for the petitioners as to whether the Ordinance is ultra vires to the Constitution of Pakistan. This question was raised in the case of Ahmad Abdullah and 62 others v. Government of the Punjab and 3 others PLD 2003 Lah.

752. A learned Full Bench of this Court held that the University of Health Sciences Ordinance, 2002 was not ultra vires to the Constitution of Pakistan. This judgment was affirmed by the Honourable Supreme Court of Pakistan in Shafiq Ahmad and other v. Government of the Punjab and others PLD 2004 SC 168.

9. As to retrospectively of the rules is concerned, petitioner cannot claim any benefit. At the time of their admission, they were governed by Rules made by University of Punjab, which provided four chances to clear the examination. To petitioner's benefit rule 5 was kept alive in the new rules.

10. The petitioner's fundamental right to seek education is subjected by the Statute framed by the State to regulate the studies. The University and institutions are meant to impart education to the students who really are desirous to seek the same. In Medical Education hard work and devotion is not being exhibited by the students. Prior to promulgation of the rules, petitioners were governed by statute and regulations of Punjab University which put embargo of clearance of examination in four chances availed or unavailed. If a student fails to clear examination in the prescribed chances he shall cease to become eligible for further medical education. The validity of rule restricting chances came up for consideration in case of Akhtar Ali Javaid v. Principal, Quaid-e-Azam Medical College, Bahawalpur 1994 SCMR 532; Maroof Khan v. Principal, Ayub Medical College, Abbottabad and 4 others 1996 SCMR 1101 and Munaza Habib and others v. Vice-Chancellor and others 1996 SCMR 1790, wherein the Honourable Supreme Court of Pakistan held that a student, who fails to clear the examination in the prescribed four chances is not entitled to claim any further allowance.

11. For what has been discussed above this constitutional petition having no merit is dismissed. M.H./M-32/L Petition dismissed.