' WAQAR AHMAD SETH, J.---The Principal Frontier Medical College, Abbottabad and another petitioner have filed this revision petition against the judgment/order dated 22-2-2014, whereby appellate Court modified the judgment/order of the trial Court dated 31-1-2014.
2. Brief and relevant facts leading to this petition are that the respondent No,1 after exhausting the remedies in the first round by way of civil suit, appeal and writ petition has also filed the instant suit on 10-6-2013 for declaration to the effect that he is a bona fide student of 4th Year MBBS, who appeared in 3rd Year in Supply Examination 2013 and was declared failed and he be allowed to attend the classes of 4th Year MBBS. Respondent No,1 along with the suit also filed an application for grant of status quo order for attending the classes of 4th Year MBBS and the same was allowed vide order dated 11-6-2013 by the Civil Judge-IV, Abbottabad. Feeling aggrieved, the present petitioners filed appeal and learned appellate court after hearing the parties disposed of the same on the ground that since main suit had been dismissed, therefore, it has become infructuous. On 24-9-2013 the respondent No,1 moved an application for restoration of the suit, which was restored on 31-1-2014 with the direction to the petitioners to allow his examination form for 4th Year MBBS and to appear him in the annual or supplementary examination of 4th Year MBBS. Feeling aggrieved, the petitioners filed appeal and learned appellate court after hearing the parties disposed of the same vide impugned judgment and order dated 22-2-2014 with the following modification:- "the appellant/proforma respondents shall process the examination forms of the respondent Alam Zeb followed by his conditional appearance in the examination to the quarter concerned but at his own risk and cost, however, his results shall not be declared till disposal of the request of the respondent for issuance of roll number followed by his participation in the examination by the learned trial court at the earliest".
3. Arguments heard and record perused.
4. The petitioner is a registered and recognized body under the relevant law of the land and has its own Rules in accordance with the Pakistan Medical and Dental Council Regulations and Rules and according to these rules, Rules 4, 5 and 7 under the heading University Professional Examination are relevant and important for the just decision of this revision petition, which reads:- "4. A student will not be promoted to the next higher class unless he or she has passed all the subjects of the previous class in the university examination.
5. A student will not be eligible for a university examination without having attended 75% of the lectures, demonstrations, tutorials, and practical or clinical work both in patients and outpatients departments.
7. There will be no more than two professional university examinations in a year and a student cannot or will not sit in more than two university professional examinations in one academic year".
5. The record shows that respondent No,1 was declared failed in 2nd Professional MBBS Supplementary Examination, 2012 (3rd Year) but qualified the same in Annual Examination 2013, result declared on 15-1-2014, hence, under no circumstances could have been promoted to next higher class under Rule 4 above referred, therefore, respondent No,1 could not and should not have been permitted to sit in next higher class as the same promotion was against the law and the rules.
Where some legislation is made and its language is couched in a particular/educated manner to meet some extraordinary situation, then it is to be read and interpreted in a more careful and pragmatic manner to ensure that its objective and intent is achieved.
6. Since respondent No,1 got admission in 4th Year on the Court order, record reveals that he had much less than 75% attendance in the 4th Year, hence, is hit by Rule 5 ibid too, and under no law can be permitted to appear in the 4th Year Examination. Lastly, Rule 7 also hits respondent No,1 as well.
7. The Regulations of Pakistan Medical and Dental Council are clear and binding on the Institution as well as students, who had executed an affidavit in this respect, thus, without clearing all the subjects of previous class/year no one could be promoted. There are plethora of judgments on the subject reported as 1990 SCM R 1282, 1998 SCM R 313, 1995 SCMR 121, PLD 2008 Lahore 2011 and so on.
8. Allowing the respondent No,1 to attend the classes of 4th Year MBBS would not only be opening of a Pandora box but respondent himself would face difficulty, as he would not be having 75% attendance for the examination, a further complication and litigation.
9. The Examination Rules of the petitioner are exactly similar to the Regulations of PM&DC on the subject, hence, cannot be bypassed or ignored, hence, both the impugned orders dated 31-1-2014 and 22-2-2014 are set aside being against the settled law and the Rules on the subject.
10. Consequently, this revision petition is allowed, impugned orders dated 31-1-2014 and 22-2-2014 are set aside. No order as to costs.