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Initializing Secure Chambers
Petitioner: MUHAMMAD HAMID SHAH VS Respondent: PAKISTAN MEDICAL & DENTAL COUNCIL through Secretary and 4 others
Court Name: Supreme Court of Pakistan Judge(s): Saeeduzzaman Siddiqui, Mukhtar Ahmed Junejo Title:MUHAMMAD HAMID SHAH vs PAKISTAN MEDICAL & DENTAL COUNCIL through
Secretary and 4 others Case No.:Civil Petition No,258-p Of 1994 Civil Petition No,265-p Of 1994 Civil Petition No,277-p Of 1994 Civil Petition No,311-p Of 1994 Civil Petition No,312-p Of 1994 CiVil Petitions for Leave to Appeal Nos. 258-P, 265-P, 277-P, 311-P and 312-P of 1994 Civil Petitions Nos.258-P, 265-P and 277-P of 1994 Civil Petitions Nos. 311-P and 312-P of 1994 W.P. No, 82/94 W.P. No, 67/93 W.P. No, 83/1993 Date of Judgment:1994-12-18 Reported As: 1996 SCMR 1101 Result: Leave refused Judgment ORDER ' 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." ' 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.