P L D 2006 Lahore 682 (PLP)

This Intra-Court appeal is directed against the order dated 9-5-2006 passed by the learned Judge in Chamber dismissing the constitutional petition of the appellant.

2. The appellant was a student of First Professional Part-I M.B.,B.S. in Nishter Medical College, Multan. She exhausted all the three chances prescribed by Rules/Regulations of the University of Health Sciences for clearing the M.B.,B.S. First Professional Part-I Examination. She seeks fourth chance. Learned counsel for the appellant places reliance on PLD 2004 Peshawar 307 to contend that Part-I and Part-II of M.B.,B.S. First Professional are in fact one class and the appellant is entitled to clear both the parts in six chances.

3. We have gone through the impugned order, perused the record and considered the arguments of the learned counsel for the appellant. Relevant Regulations of the University of Health Sciences are as follows:- "

3. A candidate who fails Jo pass First Professional Part-I Examination in three consecutive chances, availed or unavailed, after becoming eligible for First Professional Part-I Examination shall cease to become eligible for further medical education.

4. A candidate who fails to pass First Professional Part-II Examination in three consecutive chances, availed or unavailed, after becoming eligible for First Professional Part-II Examination shall cease to become eligible for further medical education." The P.M.D.C. Regulations on the subject is as follows:-" PMDC Regulation Any student who fails to pass the First Professional M.B.,B.S. Part-I and Part-II examination in three chances or does not avail the chances despite being eligible for each examination shall cease to pursue further medical education in Pakistan." The bare reading of the aforementioned regulations reveals that the First Professional M.B.,B.S. comprises of two independent parts i.e. Part-I and Part-II and for each part three consecutive chances, availed or unavailed, have been provided for qualifying the same. The three chances are part specific and by no stretch of imagination can be carried forward. The language of the said regulations is unambiguous and leave no doubt in our mind that the left over chances of the First Part cannot be carried over to the Part-II. The desired interpretation of the regulations cannot be achieved without doing violence to the language of the said regulations. The Hon'ble Supreme Court in the case of Muhammad Umar Wahid and others Vs. University of Health Sciences and others C.P. No.45/2006 observed that the judgment of the Peshawar High Court "turned on the interpretation and the relevant provision in the prospectus and cannot be cited as laying down a general principal." The point also stands settled in a Division Bench judgment passed on W. P. No.1808/2006 and many other cases at the Principal Seat that the fourth chance cannot be granted to the student who has already availed three chances of the M.B.,B.S. First Professional Part-I. We do not find any fallacy in the order of the learned Judge in Chamber. This appeal has no merit and is dismissed in limine. H.B.T./S-126/L Appeal dismissed.