1994 PLP 565 (CLC)

Muhammad Shahzad petitioner is a student of Ist Year, M.B.,B.S. in the Nishtar Medical College, Multan, and claims to have cleared his promotion test in the first attempt in 1991, after having got admission in 1990. He cleared one subject (Physiology), in the second attempt in November, 1992, but could not pass his Anatomy and Bio‑Chemistry papers; despite availing of three chances, the last examination in the series having been held in June July, 1993. Fourth and the last chance was due in September‑October, 1993, but the petitioner could not take the examination, by reason of his protracted illness, having fallen prey to typhoid fever. He states to have intimated the Principal of his College and others, about his plight, and made a prayer for another chance as a special case. His request has, however, not been acceded to.

2. He has preferred the present writ petition for the requisite relief, making grievance of the fact that he has been struck off the rolls and thus his career has been doomed, entailing in its wake a lifelong misery. I am indeed moved, particularly when the petitioner pleads that misfortunes and tragedies are part and parcel of life, and it was an act of God Almighty, beyond his control, that he had become bedridden, on contracting a disease, which is not uncommon or unheard of. Submission is that rules and regulations ought to be benevolently and not blindly followed, realistically and not rigidly enforced, especially when interests of younger generation are involved.

3. The petitioner has been a student of Cadet College, Hassan Abdal, and it is a rare distinction for anybody to get admission in that prestigious institution of the country, for it is an uphill task to get through the entry test there. He got good marks in his F.Sc. (Pre‑Medical), and it is sheer hard luck, and seems to be a mishap, that he has not been able to pull on, in the Medical College, in which he got admission on merit. His request for being favoured with a sympathetic consideration of his case, on the premises of compassion, rather than on the strength of rules, I affectionately wish, be placed before the Vice‑Chancellor and the Chancellor, and to these Authorities the petitioner is at liberty to have access himself, and place before them a copy of this order as well, for pleading his cause and soliciting their sympathy.

4. The respondents maintain that they have not committed breach of the relevant rules, as the petitioner could avail of a maximum number of four chances, and he has missed to take advantage of the last one, owing allegedly to his ill‑health. The student however states to have intimated the Authorities about his illness and inability to appear in the October test, but the respondents have refuted the assertion, saying that they had got no such intimation, in time. This aspect of the matter may be probed into afresh, but not with a ruthless or negative approach, but in a benign spirit; and if there is any room for allowing to the student the last chance, which practically he had not availed of, the same may be extended to him, out of magnanimity.

5. A question has constantly agitated my mind. Has indeed there been never a case, in which the relaxation sought by way of this petition might have been granted? According to respondent No.l, he has no power of his own to relax the rules, whatever be the circumstances. There is however nothing to prevent the Principal, I believe, to forward the petitioner's case to respondents No. 2 and 3, the Medical Council and the Vice‑Chancellor, or to the Chancellor of the University, with his recommendations, so that, as earnestly implored by the student, he may be given one last chance, by way of `grace'.

6. Superior Courts have, at times, also exercised what they call their `parental jurisdiction', in the same spirit, in which the parents, by nature, are inclined to treat their children. In matters pertaining to youngsters and students, such parental authority may, with advantage, and in spirit of benevolence, and for furtherance of ultimate ends of equity and fairplay, in an individual case, or for collective good of the people, be exercised.

7. I am however conscious of the consequences, which a charitable attitude would entail. There has to be a terminus quo, and the number of chances, as candidate can avail of, cannot be unlimited. I am also aware of the fact that unbridled relaxation of rules in a couple of cases would open up a flood‑gate of similar cases, and a mess may be created.

8. Ostensibly, the petitioner himself has been at fault, having failed to get through the examination, in spite of availing of all the available chances. Strictly speaking, no measure of relief, as such, can be afforded to him by this Court, in exercise of its extraordinary writ jurisdiction, under Article 199 of the Constitution of Islamic Republic of Pakistan, since there has been violation of no inalienable right of the petitioner as a citizen, and no breach of rules on the part of the respondents, who have seemingly also not conducted themselves in an unfair or unkind, oppressive or perverse manner; and the Court can only enforce law and not compassion, rules and not beneficence.

9. With these observations, the writ petition is disposed of. A.A./M‑1288/L?????????????????????????????????????????????????????????????????????? Order accordingly.