1997 PLP 583 (SCMR)

Respondents: Ex parte. Date of hearing: 19th November, 1995. ZIA MAHMOOD MIRZA, J.‑‑‑This appeal by leave of the Court is directed against the judgment of Lahore High Court, Bahawalpur Bench, dated 14‑3‑1993 whereby Intra‑Court Appeal (I.C.A. 19 of 1992/BWP) filed by two respondents herein, the students of 1st year M.B.,B.S. Class of Quaid‑i‑Azam, Medical College, Bahawalpur against the dismissal of their writ petition was allowed, order of the learned Single Judge set aside and writ prayed for was issued directing the authorities, the appellants herein "to allow the appellants to avail of three more remaining chances for clearing First Professional M.B.,B.S, Examination."

2. It may be stated at the outset that the learned counsel for the appellants has not pressed this appeal against respondent No.2. The appeal to the extent of respondent No.2 is, therefore, dismissed as not pressed.

3. Facts relevant for the disposal of this appeal as stated by the learned counsel at the Bar are that Nasim Ahmed respondent joined First year M.B.,B.S. Class (Session 1988‑89) in Quaid‑i‑Azam Medical College, Bahawalpur on 30‑1‑1989. First Professional M.B.,B.S. Examination was held in November, 1990 in which the respondent did not appear as he had not completed the required number of lectures. He also did not sit in the next examination held in March, 1991 which in fact was the First Professional Supplementary Examination of the year 1990. In fact, the name of the respondent was not sent up for the said examination for the reason that he had not attended the requisite number of lectures. Annual examination of the year 1991 which was the third examination in the series was held in October, 1991. This examination, too, the respondent could not take due to shortage of lectures. He, however, appeared in the Fourth Examination which was the First Professional Supplementary Examination of the year 1991 held in January, 1992 but failed in all the subjects with the result that' the principal of the College passed an order on 14‑6‑1992 debarring the respondent and some other students from continuing their studies any feather for the reason that they had failed to clear the First Professional M.B.,B.S. Examination in four chances offered by the University. Their names were accordingly struck off the College rolls with immediate effect.

4. Feeling aggrieved, the respondent challenged the aforementioned order of the Principal of the College in a Constitutional petition which was dismissed in limine. His appeal (ICA No. 19BWP) was, however, allowed by a learried Division Bench of the High Court vide the impugned judgment holding with reference to Rule 7 of the Pakistan Medical and Dental Council Ordinance, 1992 that "a student is entitled to avail of four clear chances after becoming eligible for the examination. The eligibility could only be acquired if they had completed the attendance of required number of lectures". In the view of the learned Judges, the order impugned in the writ petition was based on incorrect interpretation of the said rule which resulted in depriving the appellant of his valuable rights of availing three more chances. Order of the learned Single Judge was accordingly set aside. The writ prayed for was issued directing the appellants herein to allow the respondent to avail the remaining three chances for clearing the examination in question.

5. We have heard the learned counsel for the appellant at considerable length and have also examined various provisions of Pakistan Medical and Dental Council Ordinance, XXXII of 1962 as amended, and the Regulations framed thereunder. Regulation No.7 on the basis of which, the I.‑C.A. Bench of the High Court decided the case of the respondent reads as follows:‑‑ "Any student who fails to clear First Professional M.B.,B.S. Examination in four chances availed or unavailed after becoming eligible for the examination shall cease to be eligible for further medical education in Pakistan. " The above‑quoted provision, in our view, has been correctly interpreted by the learned Judges in the High Court. The words 'after becoming eligible for the examination' when read in their context supports the view taken by the learned Judges that four chances for clearing the First Professional M.B:,B.S. Examination become available to a student after he becomes eligible for the examination. Needless to observe that student becomes eligible to sit in the examination only if he attends the requisite number of lectures and practical. It is not denied by the learned counsel that the respondent Naseem Ahmed had not completed the required number of lectures and his name was, therefore, not sent up for the First Professional M.B.,B.S. Examinations held in November, 1990, March, 1991 and October, 1991. It is thus evident that the respondent had not become eligible to appear in the aforesaid three examinations and, therefore, the said examinations could not be counted towards the chances provided under the aforesaid Regulation. It appears that after becoming eligible for the examination in question, the name of the respondent was sent up for the examination held in January, 1992 in which he appeared but failed to qualify. Three chances were thus still available to him for clearing the First Professional M.B.,B:S. Examination when his name was struck off the College rolls. In view of the position afore‑stated, we find no good ground to interfere with the impugned judgment of the High Court passed in I.‑C.A. This appeal is accordingly dismissed but with no order as to costs. A.A./P‑284/S Appeal dismissed