MUHAMMAD HAMID SHAH vs PAKISTAN MEDICAL & DENTAL COUNCIL through Secretary and 4 others
This matter comprises five petitions filed by medical students who failed to clear their first professional M.B.,B.S. examination within the stipulated four chances and consequently faced expulsion under the college prospectus rules. The core legal question addressed is the validity of the rule limiting students to four chances to pass the first professional M.B.,B.S. examination failing which they stand expelled from the college. The Supreme Court of Pakistan held that the controversy is fully covered by its earlier precedent in Akhtar Ali Javed v. Principal, Quaid-i-Azam Medical College, Bahawalpur (1994 SCMR 532), and upheld the validity of the rule and the dismissal of the writ petitions by the High Court. The key principle laid down is that the rule limiting attempts for professional medical examinations and mandating expulsion upon failure within those attempts is legally valid and binding, following settled precedent.
- Whether a medical student can be expelled for failing to clear the first professional M.B.,B.S. examination in four chances?
- Does a rule in the college prospectus limiting examination attempts to four chances violate the law?
- Is the controversy regarding the four-chance limitation for medical examinations covered by the precedent in Akhtar Ali Javed v. Principal, Quaid-i-Azam Medical College?
ORDER
1. ' SAIDUZZAMAN SIDDIQUI, J.---This order will dispose of the ' abovementioned five petitions in which, common question of law arises. The petitioners in all the above five cases are students of medical college and they failed to clear their first professional examination of M.B.,B.S. In spite of having been given four chances to clear their examination. The petitioners have challenged the validity of the following rule which appears in the prospectus of the Medical College:-- ' A maximum of four chances available/ will be allowed to a student to clear first professional M.B.,B.S. Examination. If a student fails to pass first professional in stipulated four chances he/she will stand expelled from the College."
2. ' The learned Judges of the High Court who dealt with the writ petitions filed by the petitioners challenging the vires the above rule, dismissed all the above five petitions relying on the decision of this Court in the case of Akhtar Ali Javed v. Principal, Quaid-i-Azam Medical College, Bahawalpur (1994 SCM R 532). The controversy in the abovementioned five petitions is fully covered by the decision of this Court relied upon by the learned Judge of the High Court Peshawar in the impugned judgment, and therefore, it is not open to any exception. The petition is accordingly dismissed and leave is refused.
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