Miss UZMA RASHID and 5 others vs VICECHANCELLOR, UNIVERSITY OF PUNJAB, LAHORE and others
This matter involves petitions for leave to appeal against a High Court judgment dismissing intra-court appeals concerning notifications issued by the Vice-Chancellor of the University of Punjab. These notifications restricted medical/dental students from continuing their education if they failed to clear the first professional M.B.,B.S. examination within four chances. The petitioners, who were admitted prior to the issuance of these notifications, challenged their applicability, arguing that the notifications were ultra vires and that the Vice-Chancellor lacked the competence to issue them. Additionally, the petitioners alleged discriminatory treatment, noting that other students admitted in 1987 and 1988 were permitted to appear for examinations despite the notifications. The core legal questions concern whether the notifications are ultra vires, whether their application violates the fundamental right to equality, and whether retrospective application of such penalties to students admitted before the notifications' enforcement is permissible. The Supreme Court granted leave to appeal and permitted the petitioners to attend classes and appear in examinations pending the final decision of the Court.
- Whether the application of notifications restricting examination chances to students admitted prior to their enforcement violates the fundamental right to equality?
- Are notifications issued by a Vice-Chancellor restricting medical education eligibility ultra vires if the Vice-Chancellor lacks the competence to frame them?
- Can students admitted before the enforcement of new academic regulations be subjected to penalties imposed by those regulations?
- Article 25, Constitution of Pakistan 1973
ORDER
' SALEEM AKHTAR, J.--In all these petitions common question of law and fact is involved. They seek leave to challenge the order of the High Court whereby their intra-Court appeals against the judgment passed in the writ petitions filed by the petitioners were dismissed. In the writ petitions the petitioners had challenged the notification issued by the Vice-Chancellor, University of Punjab dated 5-11-1988 and 13-4-1992 by which a candidate who fails to clear first professional M.B.,B.S. Examination in four chances availed or unveiled offered by the University shall cease to be eligible for further medical/dental education. The main ground of the petitioners was that they had taken admission in the medical college much before the implementation of these notifications and therefore they were not applicable to them. The petitioners had further challenged on the ground that the Vice-Chancellor was not competent to frame these notifications and they were ultra vires.
2. The learned counsel pointed out that after the promulgation of these notifications, on a letter dated 1-9-1992 from the Principal, Punjab Medical College, Faisalabad to respondent No,2, the students who had been admitted in 1987 and 1988, i,e, prior to promulgation of the notifications were allowed to appear in the examination. The questions for consideration in these petitions are as follows:--
(i) Whether in applying the impugned notifications the respondents have discriminated the petitioners and have thus violated fundamental right No,25?
(ii) Whether the notifications are ultra vires?
(iii) Can the petitioners, who were admitted much prior to the enforcement of the notifications, be subjected to such penalty as imposed by them, particularly as they were not in force at the time of taking admission?
' Leave is granted. The petitioners are permitted to attend the classes and to appear in examination subject to the decision of the Court.
3. Considering the urgency of the matter the hearing may be fixed at a very early date.
Cited by 1 case
- M. UMAR FAROOQ vs P.M.D.C. And OTHER 1997 CLC 534