Talha Baig Vs Ayub Medical College

JUDGMENT SHEET

IN THE PESHAWAR HIGH COURT,

ABBOTTABAD BENCH.

JUDICIAL DEPARTMENT

W.P No. 113-A of 2016

JUDGMENT

Date of hearing...............09.02.2016..............................

Petitioner (s)_(Talha Baig etc) by, Mr. Waseem ud Din Khattak, Advocate......................

Respondent (s)...(Ayub Medical College, Abbottabad etc)by Mr. Asad Tanveer Qureshi, Advocate...

QALANDAR ALI KHAN, J:- The grievance of Talha Baig and other four petitioners, highlighted through the instant writ petition, is that having joined Ayub Medical College, Abbottabad (respondent No.1) and after clearing annual examination of the First Professional MBBS, they failed in some of the papers of 2nd Professional MBBS. They also could not clear some of the papers in the supplementary examination, but were allowed to attend the classes of 3rd Professional MBBS in line with

the judgment dated 30.06.2015 of this Court in WP No.9 of 2015 alongwith other connected petitions. Meanwhile, they passed all the subjects of 2nd Professional MBBS and thus became eligible for 3rd Professional Examination, but they were not allowed to appear in the upcoming examination of 3rd Professional MBBS commencing from 26th February, 2016.

2.Mr. Asad Tanveer Qureshi, Standing Counsel for Khyber Medical University (respondent No.2) appeared on short notice, as commencement date of the examination was fast approaching, and assisted the Court by bringing to its notice certain relevant facts.

Arguments of the learned counsel for the petitioners were also heard, and record perused.

3.The admitted facts in this case are that though failed in some of the subjects of 2nd Professional MBBS, the petitioners and several others were allowed by respondent No.1to attend the 3rd Professional MBBS in running

session at their own risk and cost vide ‘notice’ dated 27.05.2015, in compliance with the order of this Court in WP No.1736-P/2015 dated 21.05.2015. The record made available would further show that all the five petitioners have passed MBBS 2nd Prof Annual Examination, 2015, according to the result declared on 22.12.2015 and Detailed Marks Certificate dated 29.12.2015. They, therefore, now seek permission to appear in the MBBS 3rd Professional supplementary examination 2015, scheduled to commence from 26.02.2016.

4.The situation that emerges from consideration of the above facts is that on the strength of result of 2nd Professional MBBS declared on 22.12.2015 and permission granted to them by respondent No.1 to attend 3rd Professional MBBS examination in compliance with the interim order of this Court dated 21.05.2015, the petitioners claim to have a right to be granted permission to appear in the upcoming 3rd Professional MBBS

Supplementary Examination, 2015. However, the claim of the petitioners is not worth consideration for more than one reason, namely:-

i)The petitioners failed to pass 2nd Professional MBBS Examination even in the following supplementary examination, therefore, they cannot claim benefit of judgment of this Court, referred to above, applicable to those students who pass 2nd

Professional MBBS in the

supplementary examination and thus become eligible to sit in the next professional examination without wasting one complete year.

ii)The petitioners were granted interim relief to attend the 3rd Professional MBBS classes in running session at their own risk and cost in compliance with the order of this Court dated 21.05.2015, vide ‘Notice’ dated

27.05.2015; therefore, they are yet to complete one academic year in 3rd Professional MBBS.

iii)The petitioners have cleared 2nd Professional MBBS in the Annual Examination, 2015, according to result declared on 22.12.2015, therefore, they would be eligible to appear in the 3rd Professional MBBS in the Annual Examination, 2016.

iv)The petitioners having not appeared in the Annual Examination of 3rd Professional MBBS cannot claim their eligibility to appear in the upcoming Supplementary Examination, 2015;

which is, ordinarily, meant for those students who fail in Annual Examination.

v)The permission to the petitioners to attend classes of 3rd Professional MBBS was, indeed, at their own risk and cost, as they could not claim to

sit in the next higher examination as of right unless they passed / cleared all the subjects of previous class.

5.Consequently, the petitioners were unable to show violation of their vested right to appear in the supplementary examination 3rd Professional MBBS to warrant interference by this Court in its constitutional jurisdiction. Thus, having no merit, the writ petition is dismissed in limine.

Announced:

Dt.09.02.2016.

JUDGE

JUDGE

\*M.S.Awan*/