2009 PLP 193 (CLC)

Laws Cited

Representation

• ----Rr. 13 & 17--Civil Procedure Code (V of 1908), S.12(2)---Constitution of Pakistan (1973), Art.199---Constitutional petition---Educational Institutions---Examination---Candidate was served with a notice by the college, whereby he was stopped from appearing in the Second Professional examination---Validity---College Administration had no authority to restrain candidate from appearing in the Second Professional examination under Rr.13 & 17 of Pakistan Medical and Dental Council Rules---Counsel for college administration submitted that as per rules of college a candidate must complete his M.B.,B.S. studies within maximum period of seven years; and in the present case, due to candidate's repeated failure he could not complete his first and second professionals in time so his name was withdrawn from the roll of the college and however offered that candidate might be allowed to appear in the forthcoming examination only subject to furnishing of an undertaking that he would clear the said examination in the first attempt---On the said undertaking candidate was allowed to sit in the examination---College administration, in the meanwhile, filed a petition under S.12(2), C.P.C. on the ground that advocate appearing on behalf of the college had acted unauthorizedly and detrimental to the interest of college and set a wrong precedent for the future which would create serious difficulties for the College administration as an institution---College administration submitted the result in the court according to which the candidate had again failed despite his undertaking---Counsel for the candidate during proceedings, however, made a request to the court that Principal of the College could be summoned to resolve the controversy as the future of a candidate was at stake---Principal appeared in the court and agreed to allow the candidate to appear in the next examination subject to furnishing of his undertaking that he would clear the said examination in the first attempt to show his bona fide and on the basis of his result, it would be decided whether to continue him in the said college for future studies---Candidate was directed to furnish the requisite undertaking to the administration of the college for further studies---Order accordingly.
• Mir Ghufran Khurshid Imtiazi for Petitioners.
• Atta Ullah Kundi for Respondents.
• SYED QALB-I-HASSAN, J.---Brief facts of the case are that Aftab Aslam son of Muhammad Aslam Cheema was studying in Shifa College of Medicine, Islamabad who was served with a notice by the above said college and stopped him from appearing in the second professional examination which was going to be held on 11-2-2008. Aggrieved of the said notice the said student filed a writ petition in the Lahore High Court, Rawalpindi Bench Rawalpindi and challenged the said notice on the ground that the college administration have no authority whatsoever to restrain him from appearing in the second professional examination under rules 13 and 17 of Pakistan Medical and Dental Rules. The learned counsel for the college administration appeared in response to the notice served by the Honourable Lahore High Court, Rawalpindi Bench, Rawalpindi and submitted that as per rules of the college a student must complete his M.B.,B.S. studies within maximum period of seven years and due to his repeated failure he could not complete his first and second professionals in time so his name was withdrawn from the roll of the college and he was informed accordingly. The learned counsel however, offered that the petitioner would be allowed to appear in the forthcoming examination only subject to furnishing of an undertaking that he would clear the said examination in the first attempt. On the said undertaking the student was allowed to sit in the examination but in the meanwhile the college administration filed a petition under section 12(2) of C.P.C. on the ground that the Advocate appearing on behalf of the college had acted unauthorizedly and detrimental to the college and set a wrong precedent for the future which will create serious difficulties for the college administration as an institution, that respondent No.1 has scarcely hit by seven years graduation rules of college administration according to which the M.B.,B.S. students are required to complete the studies within a maximum period of seven years.

Headnotes / Summary

Judgment & Decree