MAZHAR ALAM KHAN MIANKHEL, C.J.-Through this common judgment, we propose to dispose of this writ petition, filed by Malik Bilal Ahmad Khan and Writ Petition No.3532-P/2016, filed by Nayab Zahir, as identical writ has been sought by both the petitioners against the same respondents.
2. Petitioner Malik Bilal Ahmad Khan is a stude nt of 4 Professional MBBS of Kabir Medical College, Peshawar and is seeking issuance of a writ to direct the respondents to allow him to sit/participat e in the last and final Professional MBBS (Supplementary Examination 2016). Similarly , petitioner Nayab Zahir student of 2 Professional MBBS of the same College has asked for issuance of the same writ and wants permission to appear in 3 Professional MBBS (Supplementary Examination) already commenced on 27.09.2016.
3. Learned counsel for the petitioners argued that when the petitioners have passed all the subjects of their previous classes, the act of the respondents not permitting them to sit in the examination of their respective higher classes, is against the mandate of the judgment of this Court dated 25.06.2015 in W.P. No.09 of 2015, therefore, liable to be declared as illegal, unlawful and without lawful authority , and that keeping in view the wastage of precious time of the petitioners, the respondents be directed to permit them to participate in the examination of their respective classes. In support of their submission they placed reliance on the judgment of this Court in the above writ petition.
4. Learned counsel for the petitioners heard and record perused.
5. It appears from the record that petitioner Malik Bilal Ahmad Khan, appeared in 4 Professional MBBS (Annual Examination 2014), but failed in all the subjects. Similarly , in Supplementary 2014, then in Annual 2015 and then again in Supplementary 2015, he did not succeed to pass the failed subjects of the same year. It was Annual 2016, when he succeeded in passing all the failed subjects of 4th Professional MBBS examination, thus, he wants to sit in the next coming Supplementary examination, 2016 for MBBS 5 th (final) Professional.th nd rd th
6. Similarly , Nayab Zahir , who passed her failed subjects of 2 Professional MBBS in (Annual 2016), wants to appear in 3 Professional MBBS in coming (Supplementary 2016), in spite of the fact that result of her 2nd Professional MBBS (Annual 2016), has been declared on 24.08.2016.
7. Since this Court in its judgmen t dated 25.06.2015 in W.P. No.09 of 2015, titled, "Umair Khan etc Vs Gandhara University etc", has exhaustively dealt with the same controversy and by extending some premium and concession to the failed medical students in various parts of MBBS, has laid down a mechanism, therefore, we do not think that there would be need of any further discussion, however , since the learned counsel for petitioners were misconstruing the judgment of this Court, therefore, for the sake of interpret ation so as to make the intention and object of this Court more clear , we would like to reproduce that part of the judgment governing the controversy , as under:- "But at this juncture, we would like to intervene and that too for the sake of the precious time of the students of the medical profession by holding that a failing student in some subjects of any class would be entitled to sit in the next higher class to get/secure the required number of attendance for the reasons that if he passes all the failed subjects in the supplementary examination then he would become eligible to sit in the next professional exam without wasting his one complete year but let it be clear that it would remain his own risk and cost as after attending the required number of classes, he would not be able to claim as of right to sit in the next higher exam unless he passes/clear all the subjects of previous class".
8. The aforesaid findings of this Court are clear than crystal wherein the failed students of any class/part of MBBS, have been held entitled to sit in the next higher classes on the simple analogy of saving their precious year so that they may secure the required attendance, for the reasons that if they succeed in passing the failed subjects in the next coming Supplementary examination, they would become eligible to appear in the next coming Professional MBBS Annual examination of next higher classes. This mechanism cannot be misinterpreted in favour of those failed students who did not succeed in passing their failed subjects in the very next coming supplementary exam and pass their failed subjects in the next Annual after Supplementary . We would like to clear the ambiguity with the following illustration.
"A appears in 1 Professional MBBS Annual Examination in 2014. He remains fail in two subjects, but passes both the subjects in the very next coming Supplementary Examination. As per judgment of this Court in the aforesaid writ petition, in such circumstances, A would be eligible to sit in the next coming Annual examination of the 2nd Professional MBBS, subject to securing the required attendance of classes".
"But if A did not succeed in passing the failed papers of 1 Professional MBBS, in the very next coming Supplementary Examination but passes the same in the next Annual after Supplementary , he would not be eligible to appear in the next coming (Supplementary Examination) for 2 Professional MBBS and he has to wait for the next Annual exam".
Same mechanism would be applicable to all the failed students of various parts of the MBBS. Besides, as per rules, a student cannot appear for two professional exams in one year .
9. Now coming back to the case of petitioner Malik Bilal Ahmad Khan, he for the first time appeared in 4th Professional MBBS exam in (Annual 2014), but could not succeed to pass the said exam. Then he continuously failed in (Supplementary 2014), (Annual 2015), and (Supplementary 2015). Eventually , he passed his 4th Professional MBBS in (Annual 2016). Now he is seeking permission to sit in forthcoming (Supplementary Examination, 2016) for his 5 and (final) Professional MBBS.
Though, he might have attended the classes of next higher class in 2014, but was unable to pass his 4th Professional MBBS in (Supplementary , 2014), so, he cannot get any benefit from the mechanism laid down by this Court in the judgment (supra). Besides, as per rules, he cannot appear in the exams for two Professional years in the same academic year. He has to follow the rules of examination, which are crystal clear . The attempt of the petitio ner by filing instant writ petition is totally against the rules, the bylaws and is frivolous, which amounts to wastage of time of this Court and its machinery besides the respondents. So, any similar attempt in future would be dealt with special provisions of the C.P.C. regarding imposition of costs.
10. So far as the case of petitioner Nayab Zahir is concerned. She also passed the failed subjects of 2nd Professional MBBS in Annual 2016, therefore, she too is not eligible to sit in the next Supplementary examination of 3 Professional MBBS, rather , she has to wait for the next coming Annual exam and would be dealt with by the Rules and by laws regarding examinations.nd rd st st nd th rd
11. In this view of the matter , we are not inclined to issue the writ sought by the petitioners. Resultantly , both the petitions stand dismissed in limine.