QALANDAR ALI KHAN, J:- The instant writ petition was moved by three petitioners, namely, Lubna Hameed (petitioner No.1), Bisma Shafiq (petitioner No.2) and Neelam Qazi (petitioner No.3); but today, at the outset, the learned counsel for the petitioners stated that he would not press the writ petition to the extent of petitioners No.1 and 2. Therefore, the writ petition would now be confined to petitioner No.3, Neelam Qazi, who, having joined BDS in Women Medical and Dental College, Abbottabad (respondent No.2), remained unsuccessful in some papers of First Professional BDS even after availing seven chances, and was issued Detailed Marks Certificate for the First Professional BDS Supplementary Examination, 2014 on 29.09.2015, that too, in compliance with the direction of the Court, containing a note as under:- 'The candidate having exhausted 4 attempts (availed/un-availed) in her BDS First Professional examination, is hereby being declared NOT ELIGIBLE to continue further Medical/Dental education anywhere in Pakistan. Her registration as Medical student with KMU stands cancelled."
The petitioner is aggrieved of the impugned order/note/observation/direction of respondent No.1, mainly, on the ground that a number of students were allowed to avail more than 8/9 chances but no such order/note/observation/ direction was recorded on their DMCs, neither their registrations were cancelled, therefore, the impugned act on the part of the respondent was not only illegal and unconstitutional but also discriminatory in nature. The petitioner also assailed the impugned order/note/observation/ direction on the ground that the Women Medical and Dental College, Abbottabad (respondent No.2) had already received dues/fees for the upcoming examination, but she was not being allowed to appear in the examination on the impugned ground.
2. Mr. Asad Tanveer Qureshi, Standing Counsel for Khyber Medical University, Peshawar appeared in response to preadmission notice on behalf of Controller of Examinations, Khyber Medical University, Hayatabad, Peshawar (respondent No.1); and arguments of the learned counsel for the petitioner and the learned Standing counsel for respondent No.1 were heard, and record perused.
3. Admittedly, the petitioner has already availed seven chances in First Professional BDS, which were, undoubtedly, beyond prescribed four chances (availed/un-availed). It appears from the record that the extra chances beyond the prescribed the four chances were availed by the petitioner under orders of the Courts; but it needs be stressed here that permission of the Court granted to a student is never unqualified, and is invariably at the risk and cost of a student.
4. Even otherwise, the availing of more chances beyond the prescribed limit of four chances would not confer a right on a student to avail further chances on the ground that he/she had already availed more than the prescribed chances under the orders of the Court. The learned counsel for the petitioner was unable to show us that despite exhausting four attempts (availed/un-availed) in her professional Examination, the petitioner was still eligible to continue further medical/dental education; therefore, her registration as medical student with KMU was illegally and wrongly cancelled by the respondent.
5. We have noticed umpteen times that students particularly that of some of the private Medical and Dental Colleges availed more than the four prescribed chances, and at times as many as thirteen chances, in one professional MBBS/ BDS examination by securing permission from the Courts, not once but number of times, and thus continued medical/dental education for several years despite failing to clear even the First Professional MBBS/BDS examination in more than a dozen chances. This state of affair is continuing for the last several years without being checked at any level. The result is, obviously, proving disastrous for the medical/dental profession which demands the services of highly competent and qualified professionals who can render health services to the ailing humanity. By no stretch of imagination, such a demanding job can be left at the mercy of a student who is unable to clear even the First Professional MBBS/BDS after availing more than dozen chances, that too, through intervention of the Court, seemingly, as a result of misrepresentation and concealment of actual legal and factual positions from the Court. It is, therefore, high time to check this unsavory practice in the interest of medical/dental education and in the larger interest of health of general public.
6. As such, there is no substance in the instant writ petition, which is accordingly dismissed in limine. revisions by the competent authorities. Therefore, it is advisable to consult the official sources or legal professionals for the most up-to-date and accurate information.