Statutes of Board of Studies in Medicine

1996 CLC 2050 LAHORE-HIGH-COURT-LAHORE Judicial Precedent

Ss. 31 & 32Final Professional M.B.,B.S. (Revised Latest Scheme) Examination Regulations, Regln. 3Statutes of Board of Studies in MedicineConstitution of Pakistan (1973), Art. 199Constitutional petitionLegal status of Regulations and Statutes of Board of Studies in Medicines

Vires of Regln.3, Final Professional M.B.,B.S. (Revised Latest Scheme) Examination Regulations, on touchstone of Statutes framed under S. 31, University of the Punjab Act, 1973

Candidates appearing in final Professional M.B.,B.S. Examination were required to obtain 50 per cent. marks separately in practical and clinical tests

Petitioners having not obtained requisite marks, they were not declared to have passed such examination

Validity

Scheme of studies including duration of courses, number of subjects and papers for examination are to be provided by Statutes of Board of Studies in Medicine which were framed in terms of S. 31, University of the Punjab Act, 1973

Statutes do not prescribe any condition that candidate has to obtain 50 per cent. marks separately in practical and clinical tests in order to pass in relevant subject

Provision of S.32, University of the Punjab Act, 1973, postulates that subject to provisions of University of the Punjab Act, 1973, and the Statutes, Regulations might be made for matters specified therein

Regulations were thus, to be made subject to provisions of the Act and the Statutes, therefore, they could not take precedence over any of the two for those have to be framed in the light of Statutes and the Act

Regulation 3 of Final Professional M.B.,B.S. (Revised Latest Scheme) Examination Regulations was thus, in conflict with the Statutes framed under S.31, University of the Punjab Act, 1973, and would be ultra vires to the extent of its conflict with Statutes

Candidates appearing in Final Professional M.B.,B.S. Examination were not required to obtain 50 per cent. marks separately in each of the practical and clinical tests in order to pass in subject of Medicine

Award list prepared by Examiner whereby petitioners were declared to have passed in subject of Medicine being not in conflict with Statutes, petitioners would he deemed to have passed in the subject of Medicine.