1996 PLP 1729 (CLC)

Athar Rehman Khan for Respondent No.

1. Mian Noor Muhammad for Respondents Nos.2 and

3. Dr. Azhar Tanveer, Staff Officer/Assistant Professor, Nishtar Medical College, Multan alongwith Sardar Zafar Ullah Dareshak, A.A. ‑G. Ghulam Akbar Ansari petitioner is a student of M.B.,B.S. in Nishter Medical College, Multan, The college authorities detained him in the first professional examination and refused to allow him to appear in the examination in the failing subjects and subsequently disallowed him to appear in the 1st professional examination which was to be heid in March, 1994. He filed Writ Petition No.731/94 getting the aforesaid orders declared as illegal, mala fide and without lawful authority. He prayed that during the pendency of the writ petition he may be permitted to continue his studies and he may be allowed to appear in the forthcoming examination for 1st professional. The writ petition was admitted on 13‑2‑1994. Through ad interim order he was allowed to continue his studies provisionally in the class in which he is presently studying. He was provisionally allowed to appear in the 1st professional examination. The result of the 1st professional examination has been announced on 15‑9‑1994 and the petitioner has been declared as successful by securing 529 marks. The examination of 2nd profession has to commence with effect from 2‑10‑1994 and the petitioner is desirous to get an order passed to appear provisionally in the same. His previous application of the same nature was dismissed in default on 26‑9‑1994. He has filed this petition afresh to try his luck in the matter.

2. I have heard the learned counsel for the parties and gone through the record before me. Learned counsel for the petitioner has expressed that the petitioner may be allowed to appear provisionally in the 2nd professional examination and that the matter may be taken sympathetically. On my query Dr. Azhar Tanveer. Assistant Professor/Staff Officer, appearing on behalf of the Principal, Nishter Medical College, Multan intimated that the petitioner was allowed to join the classes and he has secured the required number of lectures to make a student appear in the examination. However, he took the stand that the result of the 1st professional examination has beer. declared on 15‑9‑1994 and the next examination is open to any student who has passed not less that one academic year previously. He added that after having passed his 1st professional examination on 15‑9‑1994 the petitioner is not entitled to appear in the 2nd professional examination on 2‑10‑1994. At this stage learned counsel for the petitioner expressed that as a matter of grace the petitioner may be allowed to appear provisionally in the examination. Learned counsel for respondent No.2 has relied on "Muhammad Ijaz Alain and another v. Controller of Examinations Punjab University" (PLD 1978 Lahore 1130) and argued that the petitioner cannot be allowed to appear in the examination unless a period of one academic year elapses in view of the declaration of his result on 15‑9‑1994 which has also been passed by him by the grant of opportunity as a matter of grace. I have to express that Ghulam Akbar Ansari petitioner is not legally entitled to appear in the 2nd professional examination on 2‑10‑1994. For expressing this view I quote the following portion of the aforesaid ruling which has clarified the dispute in hand:‑‑ "The rule that the examination should be open to any student who has passed one year previously the third professional M.B.,B.S. examination only` means that if a student has passed his third professional in the annual examination of a certain year he will be eligible at the earliest to take the final year examination in the annual of . the next succeeding year. Similarly if he has passed the third professional in the supplementary examination of a certain year then/he cannot appear in the final year examination earlier than the next supplementary examination. In view of this interpretation the writ petition fails. It is accordingly dismissed." The petitioner has passed his 1st Annual Examination, 1994 on 15‑9‑1994 and he cannot be allowed to appear in the examination on 2‑10‑1994 l*i as academic year for one year has not elapsed. He cannot be allowed to appear in the examination simply on sympathetic consideration because the same will breed up the indiscipline in the institution. therefore, dismiss this petition. Petition dismissed. A.A./G‑7/1,