' This judgment shall dispose of Writ Petitions Nos.1436 and 1690 of 2005, as common questions of law and facts are involved therein.
2. The facts of both these writ petitions are as follows:-- Writ Petition No,1436 of 2005 ' The petitioner Mehreen Zaidi after passing F.Sc. Examination was admitted in M.B., B.S. In Nishtar Medical College, Multan. She appeared in her first annual professional M.B.,B.S. Examination and passed the same while obtaining 672 marks out of 1000. She also passed the 2nd professional M.B.,B.S. Examination and obtained 565 marks out of 850. Third professional M.B.,B.S. 1st annual was held in the year 2003 and the petitioner appeared and passed the same while securing 313 marks out of 450. In the year 2004 the petitioner appeared under Roll No,468 for final first annual M.B.,B.S. Examination and she was shown as fail only in ENT subject. Writ Petition No,1690 of 2005 ' The petitioner Muhammad Ali Khan after passing F.Sc. Examination, was admitted in M.B.,B.S. In Quaid-e-Azam Medical College, Bahawalpur. He appeared in his first annual professional M.B.,B.S. Examination and passed the same while obtaining 635 marks out of 1100. He appeared in the examination of 2nd professional M.B.,B.S. 1st annual and passed the same from Nishtar Medical College, Multan, while obtaining 461 marks out of 850. The petitioner appeared in the third professional M.B.,B.S. 1st annual examination and passed the same while securing 295 marks out of
450. In the year 2004 the petitioner appeared in final first annual M.B.,B.S. Examination and he was shown as fail only in ENT subject.
' Hence these two writ petitions.
3. It is contended by learned counsel for the petitioners that the petitioners passed their written examination while obtaining very good marks in final first annual M.B.,B.S. Examination but were declared fail in clinical part of the practical examination in ENT subject and the cause of their failure in the subject of ENT is the introduction of a new system, which is as under:-- 50% marks require in theory to pass the subject. 50% marks require in practical and viva to pass the subject. 50% marks require in clinical to pass the subject.
' Whereas in the old system every student was needed 50% marks in theory and 50% marks in practical including viva and clinical to pass the subject and this act of respondents Nos.1 and 2 is against the actual result and the Pakistan Medical and Dental Council's Regulations as this change into the system is not yet approved by the Pakistan Medical and Dental Council which is the controlling authority for standard of medical education in Pakistan and that if this Honourable Court by using its parental jurisdiction issues direction to respondents Nos.1 and 2 to compile the result with old system, the petitioners will be declared successful. Reliance is placed upon Miss Fozia Mir v. Controller of Examination 1995 CLC 1147 and University of the Punjab and others v. Dr. Aamar Mahmood Ijaz 1999 SCM R 49.
4. Learned counsel for respondent No,3 has also supported the contentions of learned counsel for the petitioners and in this respect reliance is placed upon the comments submitted by respondent No,3 Principal Nishter Medical College, Multan.
5. Learned counsel for respondents Nos.1 and 2 has referred to Regulation 2 of the Regulations for Examinations approved by the Board of Governors of the University of Health Sciences, Lahore, on the recommendations of Syndicate and Academic Council, in its meeting held on June, 29, 2004 and has submitted that as the petitioner Mehreen Zaidi and Muhammad Ali Khan secured 18 and 21 out of 50 marks respectively in clinical part of the practical examination in ENT subject, they were declared fail in the said subject according to the said Regulation and, therefore, the respondents have not violated any rules and regulations.
6. I have heard learned counsel for the parties and gone through the comments submitted by the respondents as also the record.
7. Admittedly, the petitioners passed their written examination while obtaining very good marks in final first annual M.B.,B.S. Examination but were declared fail in clinical part of the practical examination in ENT subject on the basis of Regulation 2 of the Regulations for Examinations approved by the Board of Governors of the University of Health Sciences Lahore. Regulation 2 of the said Regulations is reproduced below:-- "The minimum number of marks required to pass this examination for each subject shall be fifty per cent. (50%) in written, fifty per cent (50%) of the aggregate in the oral and practical/clinical and fifty per cent. (50%) in the clinical examination separately at one and the same time. Candidates who secure eighty per cent. (80%) or above marks in any subject shall be declared to have passed 'with distinction' in that subject and no candidate who does not pass in all the subjects of the second professional examination as a whole at one and the same time shall be declared to have passed 'with distinction' in any subject."
' The said Regulation was approved by the Board of Governors of the University of Health Sciences, Lahore on the recommendation of Syndicate and Academic Council, in its meeting held on June, 29, 2005. Its copies were forwarded to the Principals of the affiliated colleges including the Principal Nishter Medical College, Multan on 14-7-2004. It appears that the said change into the system was brought to the notice of the Principal Nishter Medical College, Multan before starting of final professional M.B.,B.S. Annual Examination, 2004. Therefore, it is not proper to issue a direction to respondents Nos.1 and 2 to compile the result of the petitioners according to the old system.
8. In view of the above circumstances, I find no merit in these two writ petitions which are hereby dismissed.