' SYED HASSAN AZHAR RIZVI, J.---Through this petition, the petitioner has sought directions to the respondents to allow him to continue his medical study in 3rd Year M.B.B.S. Class and further allow him to 3rd Year Exams.
2. The facts as narrated in this petition are that he was the student of M.B.B.S. In the year 1992 in Sindh Medical College at Karachi. In the year 1995, he passed first professional M.B.B.S. Examination and he was promoted to 3rd Year M.B.B.S. Class. The petitioner was allowed to join the Clinical Group through a notice issued by the Principal and the Chairman Council through Sindh Medical College, Karachi. According to the petitioner, due to heavy financial crises he could not continue his 3rd Year medical study and he left his study and joined a private job.
3. After a long time, on 9-5-2008, the petitioner moved an application for permission to appear in 3rd Year M.B.B.S. Class to the Vice-Chancellor, Dow University of Health Sciences at Karachi, which was referred to Secretary, Pakistan Medical and Dental Council, Islamabad. On 11-9-2008, the Registrar, Pakistan Medical and Dental Council rejected the application of the petitioner, because of limitation of 5 years. Hence this petition.
4. It was, inter alia, contended by the learned counsel for the petitioner that the gap of about twelve years in the study of the petitioner was neither intentional nor deliberate but he was the victim of the circumstances. It was further argued by the learned counsel that the petitioner has placed on record many precedents in which the students, who left their studies for some reasons, the Pakistan Medical and Dental Council allowed them to continue again. According to the learned counsel, in the letter dated 26-12-2002 issued by the Pakistan Medical and Dental Council, the issue regarding continuation of study after a lapse of 10 years in M.B.B.S. Was considered by the Executive Committee meeting held on 25th November, 2002 and previously the rules of the Pakistan Medical and Dental Council were silent on the lapse of period of education so prior to this no limitation was enacted.
5. To elaborate the case of the petitioner, Mr. Ali Gohar Masroof, learned counsel cited some similar cases and argued that the case of Dr. Iftikhar Ahmed, the Pakistan Medical and Dental Council was considered, though there is a gap of 25 years between his admission and graduation and in the case of Ms. Shabana Naz, there is a period of 13 years between her admission and graduation as well as in the case of Ms. Noshin Aqil, there is a period of 7 years between her admission and graduation, in the case of MS. Syeda Fatima Naz, there is a period of 12 years between her admission and graduation and finally in the case of Dr. Uzma Mansoor, there is a period of 10 years between her admission and graduation and many students, who left their studies for any reasons, the Pakistan Medical and Dental Council considered their cases and the petitioner also falls in the same category and he may be considered on the same line.
6. Mr. Sohail H. K. Rana, learned counsel appearing on behalf of the respondent No,3, argued that the documents of other students filed along with statement dated 21-8-2009, which according to the petitioner, are on the same footing as the case of the petitioner, are based on the incorrect facts, as the respondent No,3 has not overriden its rules and powers provided under the Pakistan Medical and Dental Council Ordinance 1962. The learned counsel for the respondent No,3 has referred to section 33 of the Pakistan Medical and Dental Council Ordinance 1962 and regulations 73 to 78 of Pakistan Registration of Medical and Dental Practitioners Regulation 2008. According to the learned counsel, the respondent No,3 did not give any NOC for the admission of the students against the rules, who were having gaps in their studies. Learned counsel further stated that vide letter dated 15-1-2011, the respondent No,3 has categorically discussed the cases of the students, who were referred to by the petitioner in support of his case. According to such letter, Dr. Iftekhar is not registered with the respondent No,3 so far. In the case of Ms. Noshin Aqil and Ms. Shabana Naz, their documents have been verified, according to which they did not had any gap in their studies.
The respondent No,2 vide a letter dated 19-5-2008 has verified that Ms. Syeda Fatima Naz has throughout been appearing in the examinations except she could not appear in the Annual/Supplementary Examination, 2003, 2004 and 2005 and she did not had any gap in her studies. Finally it was argued by the learned counsel for respondent No,3 that no students, who have been referred to by the petitioner in support of his case, were given any permission in respect of continuation of their studies after gap, as they did not had any gap in their studies.
7. We have heard the learned counsel for the parties and gone through the material available on record with their assistance.
8. Prima facie, it appears from the record that only prayer of the petitioner is to allow him to continue his medical study in 3rd Year M.B.B.S. Class and further allow him to appear in 3rd Year Exams, which he could not continue since 1996 to 2008 due to financial constraints and other family circumstances. From letter dated 26-12-2002 issued by the Pakistan Medical and Dental Council, it appears that A issue regarding continuation of study after a period of 10 yeas in M.B.B.S. Was considered by the Executive Committee meeting held on 23-11-2002, the Executive Committee decided that in future a maximum gap of 5 years between two examinations would be permitted for continuation of M.B.B.S. And B.D.S. Classes by any student for any reason.
9. The petitioner approached this Court for the first time on 9-10-2008 by filing the present petition.
The decision dated 26-12-2002 of the Executive Committee of Pakistan Medical and Dental Council/ respondent No,3 has not been questioned. It may be observed that the petitioner's representation was also forwarded to the respondent No,3 PMDC, it was considered by the Executive Committee of PMDC on 21-7-2008 at Islamabad and following decision was communicated:-- "that in the light of above stated decision of the Council, the application of the candidate cannot be accepted."
It is not the case of the petitioner that the decision of the Executive Committee dated 26-12-2002 was not in his knowledge as the petitioner himself has placed such documents on record.
10. In the instant case, the petitioner has applied to appear in 2nd Professional (i.e, 3rd year) after a gap of 12 years.
11. In the first instance, the petitioner took his case simply for directions to the respondents, as apparent from the prayer clause of the memo of petition. But when he realized that he may not succeed, he turned around to make a case of discrimination with other students referred to above.
In support thereof the petitioner placed several documents of other students namely Dr. Iftikhar Ahmed, Dr. Shabana Naz, Dr. Noshin Aqil, Dr. Syeda Fatima Naz, who, according to the petitioner, left their studies for some reasons, the respondent No,3 allowed them to continue again. It was urged that the case of the petitioner is on same footing as of other students, who were treated by the respondent No,3 favourably.
12. We have given anxious consideration to the arguments advanced and perused the record of all such students brought on record by the petitioner. Contrary to the contention of the learned counsel for the respondent No,3, from record, it is evident that Dr. Iftikhar Ahmed is not registered with the respondent No,3 PMDC. The case of Miss Noshin Aqil is that she appeared in 1st Professional and failed. She passed 1st Professional in 1996 Supplementary. She appeared in 2nd Professional in 1997 and failed and qualified 2nd Professional in supplementary. She qualified 3rd Professional after two attempts in 1999. In final Professional she failed. Consequently, 10 attempts in annual and supplementary, then there is gap in 2005. She again failed in 2006. Ultimately she passed out in the year 2007. Now taking case of Dr. Shabana Naz, she entered 1st Professional in 1994 and passed in 1995 supplementary; she regularly attempted all annual and all supplementary except two exams.
And ultimately qualified final Professional in 2007.
13. Similar is the case of Miss Syeda Fatima Naz, she admitted and appeared in 1st Professional in 1998. Her history is also chequerred, she ultimately passed final Professional in 2007 supplementary exams. Dr. Shabana Naz, Dr. Noshin Aqil and Dr. Syeda Fatima Naz had appeared in various examinations throughout without any gap of more than three F years in their educational careers in medical college. The case of the petitioner on the basis of documents placed on record by the respondent No,3 is distinguishable and distinct from Dr. Shabana Naz, Dr. Noshin Aqil and Dr. Syeda Fatima Naz, who have passed M.B.B.S. Examination in 2007 and had no gap of more than three years in their educational carreer. No case for discrimination was made out.
14. In this view of the matter, the petitioner failed to make out any case on merits or equity before us. Therefore, this petition being misconceived is dismissed as such along with pending applications.