2001 SCMR 1430 (PLP)

(b) Constitution of Pakistan (1973)‑‑ ‑‑‑‑Art.185(3)‑‑‑Educational institution‑‑‑Failure to pass first professional examination of M.B.,B.S. in four chances‑‑‑High Court dismissed Constitutional petition of the candidate on the ground that after availing of four chances as provided in the rule, the candidate must vacate the seat for other deserving candidate‑‑‑Validity‑‑‑No indefinite licence could be granted to a student of professional course of studies to clear the same which could adversely affect ever declining standard of education in the country‑‑‑High Court did not commit any error of law in dismissing the Constitutional petition of the candidate‑‑‑Leave to appeal was refused. Mst. Fabiha Pareen v, People's Medical College for Girls PLD 1999 Karachi 394 ref. Zaki Muhammad, Advocate Supreme Court for Petitioner. Nemo for Respondents. Date of hearing; 20th November, 2000. RANA BHAGWAN DAS, J.‑‑‑Petitioner seeks leave to appeal from the order dated 10‑5‑2000/11‑5‑2000 passed by a learned Division Bench of the Sindh High Court comprising Chief Justice and another Judge dismissing Constitutional petition of the petitioner. .

2. It is admitted that the petitioner, a student of First Professional M.B.B.S. in Sindh Medical College, Karachi, had failed to clear the First Professional Examination of M.B‑B.S. in spite of availing four chances as regulated by Rule 8. of Chapter 11 of the Prospectus for admission to M.B‑B.S. Classes for the year 1994‑95 based on Pakistan Medical and Dental Council Rules. On petitioner's own showing in paragraph 3 of the memorandum of petition for leave to appeal, she appeared in First Professional M.B. B.S. Supplementary Examination, 1998 Annual Examination, 1999, Supplementary Examination, 1999 and could no qualify the examination even in fourth attempt. In consequence of the last attempt she cleared the subjects of Islamic Studies, Pakistan Studies and Bio- Chemistry but could not clear the subjects of Anatomy and Physiology in which she failed. In her petition before the High Court she attempted to impugn the vires of Rule 8 (supra) but the learned High Court discarded the submission on the basis of a Division Bench judgment in Mst. Fabiha Parveen v. People's Medical College for Girls PLD 1999 Karachi 394 authored by one of us (Nazim Hussain Siddiqui, J.), hence this petition for leave to appeal.

3. Learned counsel for the petitioner reiterated the same arguments as were advanced before the learned High Court. It was made clear to him that there is consistent view of this Court that the provisions of the Prospectus founded on the rules and regulations framed by the Pakistan Medical and A Dental Council for maintaining high standard of medical education in the country were declared to be intra vires the Constitution. Learned counsel nevertheless attempted to make a deviation by suggesting that leave to appeal may be granted for re‑consideration of the question by a Larger Bench.

4. We are not inclined to accept the suggestion as the question involved in this case seems to have been set at rest in a number of petitions before this Court and leave to appeal was granted only in such cases where a particular student could not qualify the examination in four attempts on account of force majeure or did not avail of the fourth opportunity for extremely unavoidable circumstances beyond his power and control. Since the petitioner failed to qualify the examination in four attempts, learned High Court did not commit any error of law by observing that after availing of four chances as provided in the rule, she must vacate the seat for other deserving candidate. We are of the view that no indefinite licence can be granted to a student of a Professional course of studies to clear the same which will adversely affect ever declining standard of education in the country.

5. No other ground was urged in support of the petition which is without any merit and is hereby dismissed. Leave to appeal is, thus, refused. Q.M.H./F‑34/S Petition dismissed.