' IBAD-UR-REHMAN LODHI, J.---The petitioner was admitted in First Professional M.B.B.S. In King Edward Medical University in the session 2003-2004 and according to his understanding he was at his credit four chances to clear the First Professional M.B.B.S. Part-1 examination, but after availing three chances i.e, the supplementary examination 2004 under Roll No,71 held in May, 2005, Annual examination under Roll No,419 held in October, 2005 and supplementary examination 2005 under Roll No,110 held in May, 2006, he was declared fail.
2. When the result of the First Professional M.B.B.S. Part-1 supplementary examination 2004 held in May, 2005 was declared, in the notification in column provided under the head "Subjects to re- appear and period" against Serial No,71 meant for the present petitioner, it was specifically noted by the University as Annual, 2006, but after declaring fail in the supplementary 2005, the petitioner was held ineligible. For further medical education in Pakistan. This resulted into filing of this petition.
3. Earlier the position of regulations was in such a nature that four chances were available for a candidate to clear his First Professional M.B.B.S. Examination, however, according to the respondents, it took a change when through notification dated 10-3-2006 the Vice Chancellor of the University caused amendment in said regulation by curtailing the four chances into three chances and strangely while issuing such notification on 10-3-2006, it was made effective retrospectively on the annual examination of 2004. Further it is clear from the language used in the said Notification that the same was issued in anticipation of the approval of the other relevant bodies. No subsequent approval from any relevant body was assigned to such amendment carried out by the Vice Chancellor. It Was specifically asked from the respondents as to whether any subsequent approval was accorded to such amendment carried out by the Vice Chancellor in anticipation of the approval, the answer was in negative.
4. The affairs of the University are being run through the statute and regulations contained in the calendar of the University in Volume-II, Part-X, Chapter-IV. By virtue of section 8(a). It is the position that a candidate, who fails to clear the First Professional M.B.B.S. Examination in four chances availed or not availed, offered by the University, shall cease to be eligible for further medical/dental education. This above noted regulation was amended on 10-3-2006 by the Vice Chancellor, as hereinabove discussed in detail.
5. From the report and para wise comments furnished by respondents Nos.1 and 2, it is clear that the First chance was not allowed to the petitioner and he was only allowed to avail three chances, as is mentioned by the said respondents in para-3 of their report and parawise comments, which for the sake of convenience is reproduced below:- "(3). That after becoming eligible the petitioner availed three chances to clear the First Professional Part-I Examination but he could not pass the examination as per detail as reflected below:- Chance No.Roll No.Examination Held in status Result
1. - Annual, 2004 October, 2004Not allowed
2. 71 Supplementary, 2004May, 2005Appeared fail
3. 419 Annual, 2005 October, 2005Appeared fail
4. 110 Supplementary, 2005May, 2006Appeared Fail---Not eligible for further Medical Education in Pakistan declared by the University of the Punjab
6. The entry in Notification dated 12-7-2005 showing the result of the First Professional M.B.B.S. Part-1 supplementary examination, 2004 held in May, 2005 clearly proved that the petitioner was afforded three chances to attempt for clearance of M.B.B.S. Part-1 Examination and a chance was available till Annual Examination, 2006. The respondents in halfhearted manner have attempted to convince the Court that this was entered as a clerical mistake, but when asked as to whether any clarification or corrigendum to that effect was issued, they have failed to demonstrate, as such.
7. What emerges from the above, is that the petitioner was having four chances to avail for clearance of First Professional M.B.B.S. Part-I Examination and he was unauthorizedly and illegally refused to avail his 4th chance.
8. Resultantly, this petition is ALLOWED and the petitioner is held entitled to avail 4th chance for clearance of First Professional M.B.B.S. Part-1 Examination and the respondents are directed to allow the petitioner to appear as his 4th. Chance in the first forthcoming examination to be held for First Professional M.B.B.S. Part-1 Examination.