2018 PLP 296 (CLC)

FAHIM AHMED SIDDIQUI, J.

The facts of the case are that the Petitioner's first four attempts to clear First Professional of the MBBS Examination remained futile. He succeeded in getting admission in Liaquat University of Medical Sciences under the category of University Development Program (UDP) in the Academic sessions 2010-11 on the basis of yearly payment of Rs.400,000/-. Now he is willing to avail the same in the fifth opportunity and for this purpose, he is ready to pay the prescribed fee/payment respondents refused to allow him to appear in the examination for the fifth time on the ground that it is not permissible under the rules prescribed by PMDC. By filing the instant petition, the petitioner is seeking relaxation of the relevant rules/regulations.

2. The counsel for the petitioner emphasizes on the ground that the petitioner is paying the prescribed annual fee regularly and he is ready to pay the same amount if he is permitted to appear in examinations.

3. The learned counsel for the respondents Nos.2 to 6 contends that petitioner appeared in MBBS examinations and availed four chances and under Rule 9 of Pakistan Medical and Dental Council Rules, he is not entitled for relief claimed. He also refers the case of Miss Asma Ghafoor v. Principal, King Edward Medical College, Lahore reported as 2011 SCMR 1311.

4. The relevant provision is Rule 9 of PMDC, which stipulates thus - "Any student who has availed the chances to clear the first Professional or part thereof in four chances availed or un-availed and has been expelled on that account shall not be eligible for continuation of medical/dental studies of the MBBS or BDS course and shall not be eligible for fresh admission as a fresh candidate in either MBBS or BDS."

5. It is no longer res integra that the Rules and Regulations of the PMDC have statutory force. This is obvious from a perusal of the decision of the Hon'ble Supreme Court in Zarai Taraqiati Bank Limited and others v. Said Rehman and others (2013 SCMR 642). The learned counsel for the respondents Nos.2 to 6 relied on the case reported as Miss Asma Ghafoor v. Principal, King Edward Medical College, Lahore reported (2011 SCMR 1311), wherein a student was not allowed to avail the fifth chance as she has already availed four chances.

6. Pakistan Medical and Dental Council (PMDC) was established under Medical Pakistan and Dental Council Ordinance, 1962. The PMDC is a statutory Regulatory Authority vested with the exclusive jurisdiction to recognize medical colleges and their qualifications and training. All the medical colleges/universities throughout Pakistan are bound to abide by the rules and regulations framed by the PMDC.

7. Learned counsel for the Petitioner is not justified in respect of his contention that the petitioner was admitted on the basis of UDP for an annual fee of Rs.400,000/- and he is ready to pay the same amount again. If the rules are not permitting, then the same cannot be bypassed on any score unless provided an avenue within the rules. The fact remains that a Regulation having statutory force prohibits the fifth attempt cannot be overlooked. It can also be added that rules are meant to regulate things (affairs) under principle of equity hence where rules do not permit a thing the same cannot be claimed on basis of caste, colour, creed and even on strength of money. The use of phrase 'availed or un-availed' in rule 9 seems to be carrying a wisdom as it not only provides sufficient opportunities and time to have a desired object by any student but also to avoid giving a license in hands of such a failure to deal with lives of people. Further, placing a limit on the number of attempts available to a student to clear the sundry examinations is also with a view improve the quality of professional degrees of MBBS and BDS. Thus, sole plea of petitioner i.e. readiness to pay fee cannot help him to escape the consequences of Rule 9 under which the petitioner himself earlier availed four (04) opportunities. We also expect that PMDC should not only take care of the quality of future doctors, but also provide room in its rules and regulations for ethical and behavioral development of students of medicine, so that after completing their courses, to inculcate real humane traits in them.

8. The consequential outcome of the above discussion is that in view of above referred PMDC Rules as well as guidelines provided in apex Court's decisions referred above, we are of the view that the instant petition merits no consideration for the reappearance of the petitioner in MBBS examinations for fifth time being not permissible under the rules, as such the same is dismissed along with listed applications. MH/S-67/Sindh Petition dismissed.