' MUHAMMAD YOUNIS THAHEEM, :- Through instant petition, Romana Muqarrab and Sadaf Shaukat, the petitioners, seek constitutional jurisdiction of this Court, praying that:-- "On acceptance of this petition, the impugned demand of respondents No,3 & 4 demanding Rs, 77,600/- from petitioners as fee for repeating the 4th Professional Class though petitioners have never attended the 4th Professional repeat class be declared as illegal, unlawful and thus ineffective upon their rights of the petitioners and consequently they may be directed to process 4th Professional MBBS examination forms of the petitioners with normal fee and they may be also allowed to appear in the upcoming examination. "
2. As per contents of instant petition, the petitioners being students of 4th Professional MBBS appeared in the annual examination in the year 2014 but failed in one or two subjects, then re- appeared in the supplementary examination of 2014 but also remained unsuccessful in passing the said papers. Thus, the Principal, Pak International Medical College (respondent No,3) demanded Tuition fee of Rs,77,600/- from petitioners failing which the petitioners would not be permitted to sit in the next examination. Feeling aggrieved from the same, the petitioners have filed the instant Constitution Petition.
3. The respondents were summoned, who appeared through their counsel/representative, denying the claim of petitioners.
4. Arguments of learned counsel for parties heard and material available on file perused.
5. From the perusal of record, it reveals that petitioners have failed several times in their 4th Professional MBBS examination but even then they were allowed to sit in the classes of .4th Professional MBBS Examination in the. Light of orders issued by this Court in W.P. No, 1165-P/2015 dated 30.6.2015, that the failing students would become eligible to sit in the next professional exam without wasting their one complete year but at their own risk and costs though the present petitioners were not party in the said petition. However, it is nowhere Mentioned in this said order, that the petitioners would not deposit the annual dues for the Session 2013-2014 and without deposit of the same, they could be liable to appear in the examination, so they were rightly directed by the respondents to deposit the requisite Annual dues. Besides, they have remained unsuccessful in passing their previous papers therefore, they cannot be allowed to appear in the next examination as they were bound to deposit the requisite fee of tuition/ lecture of classes attended by them but they failed to do so rather trying to take shelter behind the earlier order of this Court. Admittedly there are certain requirements of every College and University in the shape of salaries of the Lecturers in respect of their lectures made to the students, maintenance of building and other expenses so how a person can be allowed to get lecture free of cost and also to appear without depositing of annual dues in the examination. Granting Interim Order by this Court cannot deserve a student to appear in the examination without deposit of annual dues outstanding against him nor it has been mentioned in the said interim order that petitioners would attend classes and appear in the A examination without deposit of requisite fee. It has clearly been *mentioned in the said Interim Order that the petitioners would sit in the examination at their own risk and costs. The petitioners have misread the earlier order of this Court passed in Writ Petition No,1165-P/2015, therefore, they cannot take shelter behind the Interim Relief of this Court by misreading it.
For what has discussed above, the instant petition being without any substance is dismissed.