UNIVERSITY OF THE PUNJAB through Vice Chancellor, Lahore and anothers

ORDER

SH. RIAZ AHMED, J.---The University of the Punjab aggrieved by the judgment and order, dated 3- 6-1999 delivered by a learned Judge of the Lahore High Court, whereby the University was directed, to re-evaluate the answer books of the respondent No,1, seeks leave to appeal against the aforesaid judgment.

2.The relevant facts are that in the year 1992 the respondent No,1 was admitted in the K.E. Medical College, Lahore as a student of M.B.,B.S. On completion of academic session, the respondent was disallowed to take the first professional examination due to the shortage of lectures. However, subsequently his roll number was issued, but he did not appear and was marked absent in the examination of 1994. However, under the Regulation, he was eligible to clear the said examination till Supplementary Examination, 1995. 'The respondent then appeared in the Supplementary Examination, 1994 and failed in the subjects of Anatomy and Physiology. The respondent then availed another chance in the annual examination in the year of 1995 and again failed in the said subjects. The respondent then appeared in the Supplementary Examination of 1995, but failed in the same subjects and was declared ineligible for further medical education. Aggrieved by the said disqualification, the respondent invoked the Constitutional jurisdiction of the Lahore High Court to avail another chance and the said petition was accepted and the respondent was allowed another chance, but due to the noncompliance of certain formalities the respondent could not avail the forthcoming examination. The respondent again approached the Lahore High Court to avail the chance already given to him and on the statement of the petitioner, the petition was disposed of and the respondent was allowed to appear in the examination. The respondent then appeared in the Supplementary Examination, 1996 and failed to qualify the said examination and once again he was declared ineligible for further medical education. This qualification for further medical education was the result of the Regulation framed by the Medical Council set up under the Medical Council Ordinance, 1962. Under the aforesaid Ordinance, Pakistan Medical Council was given The authority to recognize persons to be possessed of medical qualification for registration as medical practitioner. The Council has also to prescribe the qualification and standards of proficiency required of a candidate for any examination. The Pakistan Medical Council in pursuance of the aforesaid power conveyed this decision to the petitioner that students admitted for M.B.,B.S. Course shall have to clear first professional examination in four chances offered by the University whether availed or unavailed otherwise they shall cause to be eligible for further medical education in Pakistan. The Board of Studies in Medicine approved the Regulation, and thus, the respondent was declared ineligible for further medical education because he had failed to qualify the first professional examination in four chances.

3.The respondent then invoked the Constitutional jurisdiction of the Lahore High Court seeking a direction to the effect that answer scripts of papers of Anatomy and Physiology of the first Professional Examination, 1996 held in March, 1997 be re-evaluated. Earlier, his request was not acceded to by the petitioner because Regulation 23(b) under which the Vice-Chancellor could order re-evaluation had been deleted. The deletion took place on 7-12-1996 and the Syndicate approved the deletion formally on 26-4-1997. The learned Judge of the Lahore High Court held that the deletion would not affect the merits of the case of the respondent inasmuch as the deletion would be treated as prospective and cannot have any retrospective operation being subordinate legislation.

4.On behalf of the University of the Punjab, it was contended that Regulation 23(b) was deleted on 7-12-1996 by the Syndicate and notification in this behalf was issued on 26-4-1997 and the deletion had become effective with effect from 7-12-1996, and therefore, at the relevant time no power vested with the Vice-Chancellor to re-evaluate the scripts.

5.After hearing the learned counsel for the petitioner at length, we are of the view that it is a fit case in which leave to appeal should be granted to consider the legal effect of the deletion of Regulation 23(b) on the first professional examination held in March, 1997, the result of which was declared after issuance of notification, dated 26-4-1997. Order accordingly.

The operation of the impugned order shall remain suspended.