PLJ 2008 Lahore 445 (DB)
Present: Syed Shabbar Raza Rizvi and Fazal-e-Miran Chauhan, JJ.
AMIR GUL--Petitioner
versus
UNIVERSITY OF HEALTH SCIENCES, LAHORE through its Vice-Chancellor and another--Respondents
W.P. No. 7171 of 2007, decided on 21.1.2008.
Constitution of Pakistan, 1973--
----Art. 199--Educational institution--Constitutional petition--Question of--Declaring as successful candidate--Prayer for--Direction to issue result card of M.B.B.S. examination as successful candidate--Prospectus is subject to change and alteration--Petitioner has no vested right to claim, that examination be taken and a subject be taught exactly in the manner, as it has been provided in prospectus of college at the time, when he was given admission to a professional college--Prospectus is subject to change and alteration and legitimate expectation set up by petitioner is neither reasonable nor have the backing of law--Held: Petitioner has to clear the two subject i.e. ENT and Eye by appearing in 3rd professional M.B.B.S. examination, as per rules and after clearing the same, would be eligible to promotion in the final professional--Petition disposed of. [Pp. 448 & 449] A & B
PLD 2006 Supreme Court 300; PLD 2007 Lahore 78; PLD 2004 SC 168; PLD 1993 Lahore 341 rel.
Mr. Khawar Ikram Bhatti, Advocate for Petitioner.
Mr. Rassal Hasan Syed, Advocate for Respondent No. 1.
Mr. Muhammad Fareed Chaudhary, Advocate for Respondent
No. 2.
Date of hearing: 21.1.2008.
Order
Fazal-e-Mian Chauhan, J.--By filing the instant writ petition, it is prayed that, the respondents be directed to issue a new result card of the petitioner regarding M.B.B.S. Examination, 2006 by declaring him as successful student in the examination and he be allowed to appear in the final proof, according to the old pattern.
2 Briefly, the facts of the case are that; the petitioner is student of 4th professional M.B.B.S. Allama Iqbal Medical College, Lahore. He has taken 3rd professional M.B.B.S. examination eight times and failed; consequently, he was detained in 4th professional M.B.B.S. pursuant to University Regulation prohibiting the promotion to the next higher class without passing the corresponding propositional examination. On receiving his result card, the petitioner applied to Respondent No. 1 that, he is an old student of 4th professional M.B.B.S. He appeared in the 3rd professional supplementary examination, 2005, according to the old pattern i.e. in the subjects of Community Medicine and Pathology. He has been detained in Pathology. However, later on, according to the University Notification, subjects of ENT and Eye were included in the 4th professional M.B.B.S. by the University in the supplementary examination, 2006-2007 and it was requested that, he may be promoted to the final year and be allowed to take his classes. This application was not accepted and he was not promoted to the final year, hence, this writ petition.
3. Learned counsel for the petitioner argued that the petitioner shall be considered as an old student and he is not liable to clear the examination of additional two subjects of ENT and Eye. He has been discriminated as one Muhammad Akram, who appeared in the 2nd professional M.B.B.S. supplementary examination, 2006 held in March, 2007, was promoted declaring him to be successful candidate.
4. Conversely, learned counsel for Respondents No. 1. University of Health Sciences, Lahore opposed this writ petition by arguing that, the University Regulation prohibits the promotion to the next higher class without passing the corresponding professional examination. The demand of the petitioner for promotion into final year without passing 4th M.B.B.S. examination (3rd professional M.B.B.S. was in fact earlier raised by some other students by filing writ petition at Multan Bench of Lahore High Court, Lahore, which was heard and dismissed in the year 2007 by a Division Bench of this Court relying upon Muhammad Umar Wahid and others vs. University of Health Sciences Lahore, and others (PLD 2006 Supreme Court 300). It was held by the Division Bench of this Court that:-
"13. Permitting study to next higher class, without qualifying passing the current examination will result in indiscipline in medical institutions. It will hinder in improving higher standard of education, we do not agree with the arguments of the learned counsel for the petitioners. The Apex Court has enunciated law in Umar Wahid's case in view whereof promotion to the next higher class to failed candidates, is not legally tenable.
Further submits that, the objection of the petitioner regarding/ notification dated 5.7.2006 is ill-founded and is without any substance. The University authorities are the best judges, being the policy makers in the relevant field to conduct and regularize its examination and reserve the right of addition and alternation of any rule in the prospectus at any stage. Reference is made to Rashid Nawaz and 7 others vs. University of the Punjab through Vice-Chancellor, Lahore and 3 others (PLD 2007 Lahore 78). Also submits that, the student/candidate has no vested right to claim that, the examination be taken and a subject be taught exactly in the manner, as it has been provided in the prospectus of the college, at the time, when such student was admitted to a professional college. The prospectus is subject to change the alteration and legitimate expectation set up by the petitioners is neither reasonable nor have the backing of law. In this respect, reliance is made to Shafique Ahmed and others vs. Government of Punjab and others (PLD 2004 SC 168), wherein it has been held that:-
"9. The legitimate expectation set up by the petitioners is neither reasonable nor has the backing of any law. It also cannot be based on any rule or the prospectus of the Government Medical Colleges in the Punjab because the same is revised yearly to update the changes and contains in built provisions to the effect that the students of the medical colleges shall be bound to abide by the rules and regulations laid down therein and the changes issued by the Government of the Punjab from time to time and the Government of the Punjab reserves the right of additions and alterations of any rule in the prospectus at any stage."
and prays that, the writ petition has no merit and the same deserves dismissal.
5. Learned counsel for Respondent No. 2 Allama Iqbal Medical College, Lahore also opposed this writ petition and argued that, the petitioner has failed to clear 3rd professional M.B.B.S. examination in the 8th attempt and he had been detained in the last examination held in November, 2007 for the eight time, when he failed to clear the 3rd professional M.B.B.S. examination. The Medical College has to follow the rules and regulations and the notifications, issued by the University health Sciences, which regulates the examination and the result thereof taken by the student. The petitioner has yet another chance to appear in the supplementary examination, 2007 to clear the subjects i.e. ENT and Eye. The petitioner cannot be promoted to 5th year unless he clear that above said two subjects.
6. We have heard learned counsel for the parties and gone through the documents annexed with this writ petition, as well as, the reply with their assistance. The main prayer in the writ petition is that, the respondents be directed to issue result card of M.B.B.S. examination, 2006 declaring him as successful candidates in the examination and to allow him to appear in the final proof, according to the old pattern. This prayer of the petitioner cannot be allowed in view of the judgment reported as PLD 2007 Lahore 78 and PLD 2004 SC 168 (referred to supra).
7. The petitioner has no vested right to claim that, the examination be taken and a subject to taught exactly in the manner, as it has been provided in the prospectus of the college at the time, when he was given admission to a professional college. The prospectus is subject to change and alteration and legitimate expectation set up by the petitioner is neither reasonable nor have the backing of law. Reference in this respect is made to Rashid Nawaz and 7 others vs. University of the Punjab through Vice-Chancellor, Lahore and 3 others (PLD 2007 Lahore 78), Adnan Tariq vs. Vice-Chancellor of the University of Punjab (PLD 1993 Lahore 341), and Sahafique Ahmed and others vs. Government of Punjab and others (PLD 2004 Supreme Court 168).
8. In the end, learned counsel for the petitioner submits that, a direction be given to the respondents to allow the petitioner to attend the classes to study the two subjects i.e. ENT and Eye. Learned counsel for Respondent No. 2 submits, that, the petitioner can attend the classes, if he wants, there is no resection on his joining the classes and he can study the subjects. However, he has to clear two subjects i.e. ENT and Eye to clear the 3rd professional M.B.B.S. examination, making him eligible to joint the final year.
9. In this view of the matter, this writ petition is disposed of holding that the petitioner has to clear that two subjects i.e. ENT and Eye by appearing in the 3rd professional M.B.B.S. examination, scheduled to be held by the respondent authority, as per rules and after clearing the same, would be eligible to promotion in the final professional. He can also join the classes of 4th professional to study the two subjects i.e. ENT and Eye.
(N.F.) Petition disposed of.
Present: Syed Shabbar Raza Rizvi and Fazal-e-Miran Chauhan, JJ.
AMIR GUL--Petitioner
versus
UNIVERSITY OF HEALTH SCIENCES, LAHORE through its Vice-Chancellor and another--Respondents
W.P. No. 7171 of 2007, decided on 21.1.2008.
Constitution of Pakistan, 1973--
----Art. 199--Educational institution--Constitutional petition--Question of--Declaring as successful candidate--Prayer for--Direction to issue result card of M.B.B.S. examination as successful candidate--Prospectus is subject to change and alteration--Petitioner has no vested right to claim, that examination be taken and a subject be taught exactly in the manner, as it has been provided in prospectus of college at the time, when he was given admission to a professional college--Prospectus is subject to change and alteration and legitimate expectation set up by petitioner is neither reasonable nor have the backing of law--Held: Petitioner has to clear the two subject i.e. ENT and Eye by appearing in 3rd professional M.B.B.S. examination, as per rules and after clearing the same, would be eligible to promotion in the final professional--Petition disposed of. [Pp. 448 & 449] A & B
PLD 2006 Supreme Court 300; PLD 2007 Lahore 78; PLD 2004 SC 168; PLD 1993 Lahore 341 rel.
Mr. Khawar Ikram Bhatti, Advocate for Petitioner.
Mr. Rassal Hasan Syed, Advocate for Respondent No. 1.
Mr. Muhammad Fareed Chaudhary, Advocate for Respondent
No. 2.
Date of hearing: 21.1.2008.
Order
Fazal-e-Mian Chauhan, J.--By filing the instant writ petition, it is prayed that, the respondents be directed to issue a new result card of the petitioner regarding M.B.B.S. Examination, 2006 by declaring him as successful student in the examination and he be allowed to appear in the final proof, according to the old pattern.
2 Briefly, the facts of the case are that; the petitioner is student of 4th professional M.B.B.S. Allama Iqbal Medical College, Lahore. He has taken 3rd professional M.B.B.S. examination eight times and failed; consequently, he was detained in 4th professional M.B.B.S. pursuant to University Regulation prohibiting the promotion to the next higher class without passing the corresponding propositional examination. On receiving his result card, the petitioner applied to Respondent No. 1 that, he is an old student of 4th professional M.B.B.S. He appeared in the 3rd professional supplementary examination, 2005, according to the old pattern i.e. in the subjects of Community Medicine and Pathology. He has been detained in Pathology. However, later on, according to the University Notification, subjects of ENT and Eye were included in the 4th professional M.B.B.S. by the University in the supplementary examination, 2006-2007 and it was requested that, he may be promoted to the final year and be allowed to take his classes. This application was not accepted and he was not promoted to the final year, hence, this writ petition.
3. Learned counsel for the petitioner argued that the petitioner shall be considered as an old student and he is not liable to clear the examination of additional two subjects of ENT and Eye. He has been discriminated as one Muhammad Akram, who appeared in the 2nd professional M.B.B.S. supplementary examination, 2006 held in March, 2007, was promoted declaring him to be successful candidate.
4. Conversely, learned counsel for Respondents No. 1. University of Health Sciences, Lahore opposed this writ petition by arguing that, the University Regulation prohibits the promotion to the next higher class without passing the corresponding professional examination. The demand of the petitioner for promotion into final year without passing 4th M.B.B.S. examination (3rd professional M.B.B.S. was in fact earlier raised by some other students by filing writ petition at Multan Bench of Lahore High Court, Lahore, which was heard and dismissed in the year 2007 by a Division Bench of this Court relying upon Muhammad Umar Wahid and others vs. University of Health Sciences Lahore, and others (PLD 2006 Supreme Court 300). It was held by the Division Bench of this Court that:-
"13. Permitting study to next higher class, without qualifying passing the current examination will result in indiscipline in medical institutions. It will hinder in improving higher standard of education, we do not agree with the arguments of the learned counsel for the petitioners. The Apex Court has enunciated law in Umar Wahid's case in view whereof promotion to the next higher class to failed candidates, is not legally tenable.
Further submits that, the objection of the petitioner regarding/ notification dated 5.7.2006 is ill-founded and is without any substance. The University authorities are the best judges, being the policy makers in the relevant field to conduct and regularize its examination and reserve the right of addition and alternation of any rule in the prospectus at any stage. Reference is made to Rashid Nawaz and 7 others vs. University of the Punjab through Vice-Chancellor, Lahore and 3 others (PLD 2007 Lahore 78). Also submits that, the student/candidate has no vested right to claim that, the examination be taken and a subject be taught exactly in the manner, as it has been provided in the prospectus of the college, at the time, when such student was admitted to a professional college. The prospectus is subject to change the alteration and legitimate expectation set up by the petitioners is neither reasonable nor have the backing of law. In this respect, reliance is made to Shafique Ahmed and others vs. Government of Punjab and others (PLD 2004 SC 168), wherein it has been held that:-
"9. The legitimate expectation set up by the petitioners is neither reasonable nor has the backing of any law. It also cannot be based on any rule or the prospectus of the Government Medical Colleges in the Punjab because the same is revised yearly to update the changes and contains in built provisions to the effect that the students of the medical colleges shall be bound to abide by the rules and regulations laid down therein and the changes issued by the Government of the Punjab from time to time and the Government of the Punjab reserves the right of additions and alterations of any rule in the prospectus at any stage."
and prays that, the writ petition has no merit and the same deserves dismissal.
5. Learned counsel for Respondent No. 2 Allama Iqbal Medical College, Lahore also opposed this writ petition and argued that, the petitioner has failed to clear 3rd professional M.B.B.S. examination in the 8th attempt and he had been detained in the last examination held in November, 2007 for the eight time, when he failed to clear the 3rd professional M.B.B.S. examination. The Medical College has to follow the rules and regulations and the notifications, issued by the University health Sciences, which regulates the examination and the result thereof taken by the student. The petitioner has yet another chance to appear in the supplementary examination, 2007 to clear the subjects i.e. ENT and Eye. The petitioner cannot be promoted to 5th year unless he clear that above said two subjects.
6. We have heard learned counsel for the parties and gone through the documents annexed with this writ petition, as well as, the reply with their assistance. The main prayer in the writ petition is that, the respondents be directed to issue result card of M.B.B.S. examination, 2006 declaring him as successful candidates in the examination and to allow him to appear in the final proof, according to the old pattern. This prayer of the petitioner cannot be allowed in view of the judgment reported as PLD 2007 Lahore 78 and PLD 2004 SC 168 (referred to supra).
7. The petitioner has no vested right to claim that, the examination be taken and a subject to taught exactly in the manner, as it has been provided in the prospectus of the college at the time, when he was given admission to a professional college. The prospectus is subject to change and alteration and legitimate expectation set up by the petitioner is neither reasonable nor have the backing of law. Reference in this respect is made to Rashid Nawaz and 7 others vs. University of the Punjab through Vice-Chancellor, Lahore and 3 others (PLD 2007 Lahore 78), Adnan Tariq vs. Vice-Chancellor of the University of Punjab (PLD 1993 Lahore 341), and Sahafique Ahmed and others vs. Government of Punjab and others (PLD 2004 Supreme Court 168).
8. In the end, learned counsel for the petitioner submits that, a direction be given to the respondents to allow the petitioner to attend the classes to study the two subjects i.e. ENT and Eye. Learned counsel for Respondent No. 2 submits, that, the petitioner can attend the classes, if he wants, there is no resection on his joining the classes and he can study the subjects. However, he has to clear two subjects i.e. ENT and Eye to clear the 3rd professional M.B.B.S. examination, making him eligible to joint the final year.
9. In this view of the matter, this writ petition is disposed of holding that the petitioner has to clear that two subjects i.e. ENT and Eye by appearing in the 3rd professional M.B.B.S. examination, scheduled to be held by the respondent authority, as per rules and after clearing the same, would be eligible to promotion in the final professional. He can also join the classes of 4th professional to study the two subjects i.e. ENT and Eye.
(N.F.) Petition disposed of.
No comments:
Post a Comment