' Through this Intra Court Appeal filed under Section 3 of The Law Reforms (Amendment) Act VIII of 1972, the appellants have called in dated 02.09.2015, delivered by learned Single Judge in Chamber whereby he dismissed the constitutional petition (W.P No. 6548/2015).
2. Brief facts for the disposal of this intra Court appeal are that appellants are students of Bachelor of Eastern Medicine & Surgery in different Sessions. They were not allowed to appear in the Annual examination commencing on 24.08.2015 due to shortage of their attendance in the lectures which was 70% to 72% and required attendance was 80%. The main stance of the appellants was that (i) aforementioned condition was not communicated to the appellants at relevant time, (ii) the students having 70 to 74.4% attendance have been allowed by university authorities to appear in the examination and thus they have been discriminated, (iii) that previously 70% attendance was required and under the said impression the appellants have achieved the target attendance but suddenly the university authorities have increased the attendance requirement 70% to 80% without any prior notice or intimation to the students. (iv) that the appellants approached university authorities for redressal of their grievance but they flatly refused.
3. Arguments pro and contra have been heard and record perused.
4. It is reflected from perusal of record that during pendency of writ petition report and parawise comments were called from the respondents. Para-2 of preliminary objections is relevant which is reproduced hereunder:- "A candidate with an attendance of less then 80% of the total number of lectures delivered to his class in all papers taken together (aggregate) and 80% of the practical in all papers taken together (aggregate) shall not be allowed to take previous or final examination as the case may be, provided that the Dean, may, on recommendation of the Chairman of the Department concerned, condone, for valid reasons,
(i) Illness
(ii) Death in family
(iii) Representing the University in sports and debates etc ' Deficiency up to 5% of the total number of lectures and practical (separately) delivered to his class. Besides, the Vice-Chancellor may, on special grounds condone up to another 5% of the total number of lectures and practical taken separately."
5. In view the above criteria, case of appellant Hafiz Muhammad Idrees Khan was examined, his participation and in attendance in festival of Ideas from 9.2.2015 to 12.2.2015 (4-days) and attendance in festival of Ideas from 4.12.2014 to 8.12.2014 (5-days), the Departmental condonation committee, vide Letter No. 615/UCCM dated 20.10.2015 after going through application and attached documents decided that if condonation of 9-days is given to him even then he does not meet the required standard of attendance for appearing in examination i.e. 80%. The attendance of appellants in the lectures was 70% to 72% and required attendance was 80%.
6. The appellants have failed to bring on record any reason through solid evidence to substantiate their version regarding, non appearance in the university lectures. The students of an educational institution, are under legal obligation to abide by all rules for maintaining discipline of the institution. Right to seek admission in an educational institution and to continue studies therein was always subject to the rules of discipline prescribed by the institution and a student who intended to pursue his studies in the institution was. Bound by such rules. Reliance in this respect is placed upon A.I Yousuf and another vs Chairman of Academic Council And Principal, DOW Medical College, Karachi and others (2000 SCM R 1222).
7. Keeping in view all the attending facts of the case and by relying the aforementioned case of Apex Court, learned Single Judge in Chamber has passed the impugned order, which does not suffer from any illegality or jurisdictional defect. Even otherwise, the controversy of fact cannot be resolved in constitutional jurisdiction. The intra Court appeal being devoid of merits is hereby dismissed.