' Through this constitutional petition, the petitioner seeks a direction from this Court to the respondents for issuance of his result card of Ist Professional Examination Part-II, M.B.B.S. Supplementary Annual Examination held in July, 2004 against Roll No.11 for improvement of Internal Assessm ent carried on 31-1-2005. Prior to this writ petition, the petitioner filed the following writ petitions for obtaining same relief, though with different phraseology of words:-- ' Writ Petition No.9339 of 2004 (decided on 14-6-2004), ' Writ Petition No.16406 of 2004 (decided on 9-12-2004) and 'Writ Petition No.20492 of 2004 (decided on 21-12-2004).
2. The grievance of the petitioner is that he appeared in Annual as well as Supplementary Examination for Part-II of Ist Professional M.B.B.S of University of Health Sciences held in 2003 as a student of Nishtar Medical College, Multan, but failed. By that time he had availed the requisite number of chances to re-appear in the said examination. Although according to the decision of the Academic Council of Nishtar Medical College, Multan dated 7-4-2003, the petitioner had another chance to appear in the Examination for improvement of Internal Assessment even after having failed in the Annual and Supplementary Examination, yet he was not allowed to avail the additional chance as the University of Health Sciences had refused to accept any such assessm ent, being not binding on the University as no Internal Assessment was recognized under the Regulations of University of Health Sciences. The aforesaid refusal by the University of Health Sciences compelled the petitioner to file Writ Petition No.9339 of 2004 seeking the following relief:-- "It is therefore, respectfully prayed that writ petition in hand may please be accepted, consequently verbal refusal of respondents to hold examination in order to improve their Internal Assessment Marks be declared without lawful justification and same may please be set aside and the respondents Nos.2 and 3 be directed to arrange the examination as per decision of the College Academic Council vide Notification dated 19-9-2003 in the interest of justice."
' The said writ petition was heard by a learned Division Bench of this Court and was disposed on 14- 6-2004 with the following directions:-- "Let petitioner appear before respondent No.1, along with a copy of this petition, which shall be treated as a representation and decided strictly in accordance with the policy decision taken by the respondent-University with regard to students similarly placed. So far as the prayer for attending the class provisionally is concerned the competent authority shall also consider the said prayer. Disposed of."
3. Without waiting for the decision of his representation by the University of Health Sciences in terms of above directions dated 14-6-2004, the petitioner again approached this Court through Writ Petition No.16406 of 2004 with the same prayer as made in the earlier writ petition and reproduced above. The learned Division Bench of this Court vide order dated 9-12-2004 disposed of Writ Petition No.16405 of 2004 with the following observations:-- "Therefore, as far as the grievance against University of Health Sciences is concerned, that it was under their direction that Nishtar Medical College, Multan did not hold test for improving the internal assessm ent, the present petition does not raise any live issue in view of the statement of the learned counsel for respondents Nos.1 and 2. This petition is, accordingly, disposed of as infructuous."
4. After disposal of Writ Petition No.16406 of 2004 on 9-12-2004, without disclosing the said fact, the petitioner filed yet another Writ Petition No.20492 of 2004 on 20-12-2004 challenging the decision of the University of Health Sciences conveyed through letter dated 19-7-2004 passed in terms of this Court order dated 14-6-2004 in Writ Petition No.9339 of 2004. This writ petition was dismissed by the same learned Division Bench (earlier deciding Writ Petition No.16406 of 2004) on 21-12-2004 by holding:-- "The submissions have been considered. There is no scope for a retest for internal examination under the Regulations of the University of Health Sciences with which the Nishtar Medical College, Multan now stands affiliated. In view of the stance of the University of Health Sciences in Writ Petition No. 16406 of 2004, even if the petitioner is allowed to take test for internal assessment, it will not be binding on the University of Health Sciences. Therefore, even if an order/writ is issued as prayed for, it will be futile exercise which this Court does not undertake. This petition is dismissed."
5. Despite the abovementioned repeated decisions turning down similar requests of the petitioner through above referred writ petitions filed by him through the same learned counsel (Mr. Abdul Sattar Chughtai, Advocate), the petitioner opted to file the present writ petition through the same learned counsel and for the same relief.
6. We have heard the learned counsel for the petitioner as well as the learned counsel representing the respondents.
7. At the very outright we regret to point out that the conduct of the petitioner by filing successive writ petitions seeking similar relief cannot be seen with approval. In the presence of express findings of the learned Division Bench recorded on 21-12-2004 in Writ Petition No.20492 of 2004 reproduced above, there was no occasion for the petitioner to have filed the present writ petition seeking similar relief. It was expressly held by the learned Division Bench that there was no scope for his re-test for internal examination under the Regulations of University of Health Sciences with which the Nishtar Medical College, Multan now stood affiliated, how this Court, thereafter can allow him to appear in the improvement of Internal Assessment Examination. It was sought to be argued on behalf of the petitioner that since the system of improving Internal Examination was in vogue and recognized by the Bahauddin Zakariya University, Multan before the affiliation of Nishtar Medical College, Multan with University of Health Sciences, hence the same could not be withdrawn during the course of studies as the petitioner had got admission in M.B.B.S. Before the promulgation of University of Health Sciences, Lahore Ordinance and the decision of withdrawal of such assessm ent system retrospectively amounts to extending punishment retrospectively which is violative of Article 12 of the Constitution of Islamic Republic of Pakistan, 1973. Similar contention was raised in the case titled "Khurram Nazir v. University of Health Sciences, Lahore through Vice- Chancellor, and another" 2005 M LD 1130 and was repelled as follows:-- "As regards the submissions of the petitioners that the Regulations under discussions having been notified on 14-7-2004 i.e. During the course of their studies, could not be given retrospective effect, and would apply to students who get admission in M.B.B.S. After promulgation of these Regulations.
We do not see an eye to eye with the petitioners because, these Regulations, become instantly applicable and would control the students already getting education with the respondents. This controversy was examined by the Honourable Supreme Court and decision was against the writ petitioners in the case of "Miss Sultana Khokhar and 2 others v. The University of Punjab through its Registrar" PLD 1962 SC 35. The judgment was followed in the case of "Muhammad Akbar v.
Bahauddin Zakariya University through Registrar and others" 1997 CLC 280."
8. Even on merits, it has been vehemently argued by learned counsel appearing on behalf of the respondents that since prior to holding of annual Examination of Ist Professional Part-II, M.B.B.S. In January, 2004 no such assessm ent relating to the petitioner was forwarded by the College to the University of Health Sciences, hence allowing the petitioner for such an assessment at this stage may result in creating complications and may also create doubts about the results of examinations already held. This Court in the case "Abdul Wadood and 18 others v. University of Health Sciences, Sheikh Zayed Hospital, Lahore through Vice-Chancellor and 3 others" 2005 CLC 467- (DB) while dealing with almost similar situation not only refused to interfere but also approved/justified the omission of system of examination through internal assessment by University of Health Sciences. Respectfully following the view of the learned Division Bench of this Court in the cited case, we also hold that by refusing to accept the prayer of the petitioner, the University of Health Sciences has neither violated any fundamental right of the petitioner nor committed any illegality, rather the same tends to advance and promote the medical education in Pakistan and by the same not only better results would be achieved, this will further produce well- oriented professionals in the field of Health and Medicine.
9. Resultantly, this writ petition being devoid of any force is dismissed, with no order as to costs, by taking a lenient view because the petitioner is student, though his conduct warranted that he be burdened with heavy costs for repeatedly tiling writ petitions on the same cause of action and for the same relief.