' SYED QALB-I-HASSAN, J.--- Brief facts of the case are that Aftab Aslam son of Muhammad Aslam Cheema was studying in Shifa College of Medicine, Islamabad who was served with a notice by the above said college and stopped him from appearing in the second professional examination which was going to be held on 11-2-2008. Aggrieved of the said notice the said student filed a writ petition in the Lahore High Court, Rawalpindi Bench Rawalpindi and challenged the said notice on the ground that the college administration have no authority whatsoever to restrain him from appearing in the second professional examination under rules 13 and 17 of Pakistan Medical and Dental Rules. The learned counsel for the college administration appeared in response to the notice served by the Honourable Lahore High Court, Rawalpindi Bench, Rawalpindi and submitted that as per rules of the college a student must complete his M.B.,B.S. Studies within maximum period of seven years and due to his repeated failure he could not complete his first and second professionals in time so his name was withdrawn from the roll of the college and he was informed accordingly The learned counsel however, offered that the petitioner would 1.)e allowed to appear in the forthcoming examination only subject to furnishing of an undertaking that he would clear the said examination in the first attempt. On the said undertaking the student was allowed 1.o sit in the examination but in the meanwhile the college administration filed a petition under section 12(2) of C.P.C. On the ground that the Advocate appearing on behalf of the college had acted unauthorizedly and detrimental to the college and set a wrong precedent for the future which will create serious difficulties for the college administration as an institution, that respondent No,1 has scarcely hit by seven years graduation rules of college administration according to which the M.B.,B.S. Students are required to complete the studies within a maximum period of seven years.
2. The file was transferred to this Court after establishment of Islamabad High Court, Islamabad. A notice was served to the respondents and they submitted their parawise comments /reply however, Aftab Aslam the student also filed a writ petition against the college administration and sought direction that the college administration may be directed to announce his result and allow him to continue his classes. The college administration submitted the result in the Court according to which Aftab Aslam (student) was again failed despite his undertaking. On the said development Aftab Aslam also moved a separate C.M. And challenged the result declared by the college administration, however, during the proceedings the learned counsel for Aftab Aslam made a request to the Court that Principal of the college may be B summoned to resolve the controversy as the future of a student is at stake therefore, the Principal of Al-Shifa College of Medicines was summoned.
3. Today the Principal of Shifa College of Medicine has appeared in the Court and after some time, agreed to allow the student to appear in the next examination subject to furnishing of his undertaking that he would clear the said examination in the first attempt to show his bona fide and on the basis of his result it will be decided to continue him in the said college for future studies. Now in this view of the matter, Aftab Aslam (student) is directed to furnish the requisite undertaking to the administration of the college for further studies in it. With these observation the C.M. Under section 12(2) and the Writ Petition No,158 of 2008 are disposed of on above terms agreed by both the parties in the Court. Similarly Criminal. Original No,10 of 2008 and Criminal Miscellaneous No,69 of 2008 are also disposed of as not pressed.