1983 PLP 583 (SCMR)

The High Court thought that as the previous orders fixing the dates of the examination by the Vice‑Chancellor had been recalled and the Syndicate had taken a fresh decision in accordance with the Rules, the petition had borne fruit and was disposed of accordingly. Mr. Shaukat Ali, learned counsel 'for the petitioners, in support of this petition for leave to appeal, has submitted that the view of the High Court, that the petition had borne fruit was not correct, because the petitioners had, in fact wanted the examination to be held in April, 1983 and this prayer had not been accepted. Furthermore, the Multan University was holding the Final Professional M. B., B. S. Annual Examination during April, 1983 and the petitioners, who belong to 1975‑80 Session would now become even junior to the successful students of the Multan University belonging to 1976‑81 Session; a half hearted attempt was also made to suggest that even the Syndicate could not fix the date of examination but that it was the entire University alone which could do so. The last submission is obviously incorrect. Our attention was draw to Section 3, and Section 4 (c) and Section 26 (2) (bb) of the University o ‑the Punjab Act, 1973 to show that all organs of the University were not required to act together for such a matter. However, we feel that in view of the provisions of Section 32(1) (e), which is to the following effect :‑ "32 (1)‑Subject to the provisions of this Act, and the Statutes, Regu lations may be made for all or any of the following matters : ... (a) ... ... ... ... ... ... (b) ... ... ... ... ... ... (c) ... ... ... ... ... ... (d) ... ... ... ... ... ... (e) conduct of examinations." and para. 3 of Chapter I of the Statues and Regulations for the Degree of Bachelor of Medicine and Bachelor of Surgery (M. B., B. S.) (Latest Scheme) Examination, which, inter alia, provides :‑ General Regulation,--An examination for the Degree of Bachelor of Medicine and Bachelor of Surgery shall be held twice a year in Lahore and at such other places as may be fixed by the Syndicate, in the last week of May and in the 2nd week of September in the case of 1st Professional Examination (Parts 1 and II), in the 2nd week of May and 3rd week of September in the case of 2nd Professional Examination and in the last week of May and in the last week of September in the case of Final Professional Examination. The Syndicate may, however, in exceptional circumstances, fix some other date's." (the underlining is ours) the Syndicate is clearly empowered to fix the dates for the holding of the examinations. As for the other submission that the Multan University is holding 'the examination in April, 1983, the petitioners, who belong to the 1975‑80 Session would become even junior to the successful students of the Multan University belonging to 1976‑81 Session, which could be obviated if the University authorities had held two' examinations; one in April, 1983 as per original schedule and the second in July, 1983, the learned counsel for the University did not press the consideration of the law and order being disrupted, before us, but submitted that the petitioners had already appeared twice, if not at least once, in the M. B., B. S. Final Examinations that were held in 1982, but had failed to clear it and they hardly deserved much indulgence. Moreover, the Medical and Dental Council of Pakistan had decided that "the carry over system allowed in the past under the pressure of students community be stopped and no special supplementary examination be allowed in any; professional examination under any circumstances from the academic year of 1981." It further decided that "if any Medical College or University violates the above decision of the Council, such Medical College will be de‑recognised and graduates of the University will not be issued registration by this Council." In view of this decision it was not possible to bold two examinations as suggested. Mr. Shaukat Ali, in reply, submitted that this decision was not applicable to the students of the 1975‑80 Session and that even now two examinations could easily be held. We, however, consider that the decision of postponement taken by the Syndicate of the Punjab University cannot be interfered with. Such a decision could not only be taken by it under the law but that it was, in fact, the proper authority to do so. The question as to the date on which an examination should beheld is a matter for the University authorities to decide and if they act within the framework of the law the Courts will not normally interfere with the exercise of its discretion. We are, therefore, not inclined to interfere with the decision of the Syndicate fixing the 16th of July, 1983 as the new date for holding of the M. B., B. S. Examination. We cannot, however, refrain from observing that the system of examination is in shambles and all normal expectation that any course taken up by a student shall be completed on time are never fulfilled. The case in hand is just one example of this unfortunate situation. The students who joined the vl6dical College in 1975, are even today, after 8 years, still in the process of appearing in the final examination, while students of 1976‑81 session, whose final M. B., B. S. Examination, according to the Rules, should have been held in May, 1981, are violently protesting against the holding of the said examination even in April, 1983 i. e. even after nearly two years of the date when it should have normally been held. Such agitations against the holding of the examination by the students community is not only causing irreparable damage to themselves but also to the entire community at large. It is high time for all the parties concerned with the subject of education: students, teachers, examiners and the Universities to ponder over this grave national problem with a view to obviating the colossal waste of the precious time of our youth which occurs in not holding examinations on time and when at long last some date is finally fixed for them, it becomes necessary or expedient to again postpone them for one reason or another, The over all conclusion is that this petition shall stand dismissed with the above observations. Petition dismissed.