Relegation of candidates

2013 MLD 461 HIGH-COURT-AZAD-KASHMIR Judicial Precedent

Regln. III, Cls. 3 & 4Azad Jammu and Kashmir Interim Constitution Act (VIII of 1974), S.44Writ petitionEducational institutionExaminationRelegation of candidates

Facts of one writ petition were that the petitioners who were granted admission in First year MBBS course in the college, failed in Annual and Supplementary Examination

Petitioner claimed that after obtaining necessary dues, petitioners were promoted to 2nd year MBBS by the college, and that without providing three chances as required by Rules, college authorities were determined to relegate them to Part-I MBBS

Facts of another writ petition were that petitioners who were granted admission in MBBS 1st year appeared in Annual and Supplementary Examination, but failed, however, they were promoted to 3rd year MBBS after obtaining relevant dues

College Authorities, due to failure of the petitioners to pass all the subjects of MBBS Part-I and Part-II (First Professional), decided to revert them

Validity

Petitioners, who were students of 1st year MBBS, could not be relegated on the ground of their failure in certain subjects of Part-I

Statutory bar on the promotion of failed students was confined to from one class to another and not from Part-I to Part-II of the MBBS

Petitioners being students of MBBS Part-II, could not be reverted to MBBS Part-I on the ground of their failure to qualify in certain subjects of Part-I, and would have to be granted three chances for the purpose of passing the failed subjects including Annual Examination

Similarly other petitioners who were promoted to MBBS 3rd year, would also be provided three chances for the purpose; their promotion in 3rd year MBBS being against the provisions of Regln. III(4) of Pakistan Medical and Dental Council Regulations, 1998, they could be relegated to MBBS Part-II, until they availed the facility of third chance for the purpose of clearing the failed subjects

Contention of counsel for the petitioners that an Annual Examination, could not be included in their chances, being baseless, was turned down.