IJAZ ANWAR, J.- Mehwish Khan, petitioner, seeks the Constitutional jurisdiction of this Court under Article 199 of the Constitution of Islamic Republic of Pakistan, 1973 and praying that: "i) Declare the impugned notification vide No.CE/KMU/2017/287 dated 02.10.2017 regarding the cancellation of the registration of the petitioner as illegal, unlawful, without lawful authority, based on malafide and ineffective upon the rights of petitioner and is also liable to be set aside. ii) Respondents may kindly be directed to allow the petitioner in 4 Professional MBBS Viva/practical, declare her result and subsequently issue DMC to the petitioner and treated her as a regular student. iii) Any other relief as deem appropriate in the circumstances of the case though not specifically asked for, may also be granted to the petitioner ."
2. The brief and relevant facts of the case are that the petitioner after qualifying her F.Sc examination, got admission with respondent No.3 for obtaining her professional studies of MBBS.The petitioner was registered under registration No.2009/KMU/AIMC/019 with Khyber Medical University; that being student of MBBS, the petitioner appeared in the 1 professional Part-I MBBS examination but was declared unsuccessful in some papers, again appeared in supplementary examination but failed and remained unsuccessful candidate for four chances; lastly she appeared in 1St professional Part-I examination upon Court orders under Roll No.2749 and passed the same; the petitioner passed her 1 professional part-II examination under Roll No.3454 in Annual Examination 2012; that the petitioner passed her third professional examination under Roll No.21728 in supplementary examination 2015; that the petitioner being a regular student appeared in 4 professional MBBS examination under Roll No.16561 in Supplementary examination 2016 but was declared unsuccessful in two papers; then the petitioner appeared in next 4 Professional examination under Roll No.P- 701 in two papers, but the respondent No.1 issued impugned notification whereby the registration number ofth st st th th the petitioner was cancelled and being aggrieved from the impugned notification, the petitioner filed the instant writ petition.
3. Learned counsel for the petitioner argued that though the petitioner has availed five chances in clearing the MBBS Professional examination, however, now the petitioner is near completion of her MBBS degree and it is injustice at this stage for cancellation of her registration through the impugned notification It is further argue d that millions of rupees have been spent by the petitioner in the shape of tuition fee etc and the Medical Institution was required to have pin pointed the same in time.
4. Arguments heard and record perused.
5. There is no cavil about the fact that the petitioner has availed more than four chances. In terms of regulation 4
(ii) framed by the Pakistan Medical and Dental Council, the petitioner was debarred from appearing for further examination. Relevant Para of the regulation 4(ii) for sack of convenience is reproduced.
(4)...........
(i)................
(ii) "Any student who fails to clear First Professional MBBS examination in 4 chances availed or un-availed shall cease to be eligible for further Medical/Dental Education in Pakistan."
6. This provision of PMDC Regulations remained under discussion before the superior Courts. In the case of Munaza Habib and others Vs The Vice Chancellor and others (1996 SCMR 1790) the apex Court held that "The petitioners were offered 4 chances to qualify the 1' professional MBBS examination and having remained unsuccessful, cannot legally compel the University Authority to provide them further chances." In the case of Akhtar Ali Javed Vs Principal Qaid-i-Azam Medical College Bahawalpur (1994 SCMR 532) the apex Court dismissed the appeal of the student asking for further chances beyond four. Similar view was expressed by the apex Court in the case of Syed Mufeed Shah and another Vs Principal Khyber Medical College, Peshawar and others (2006 SCMR 1076).
Reference can also be made to the case of Maroof Khan Vs Principal Ayub Medical College, Abbottabad (1996 SCMR 1101). The division bench of this Court in the case of Lubna Hameed Vs Controller of Examination Khyber Medical University (2017 MLD 102) and Shakir Ullah Khan and another.. Vs. Khyber Medical University through Registrar and another (2015 YLR 2488), followed the above judgments of the apex Court and held that "All the petitioners were provided four chances, and they availed the same but they failed to clear all the subjects hence under the PMDC regulation they are debarred from appearing in ensuing examination" .
7. Despite the clear pronouncement of the apex Court and of this Court on this issue, the petitioner was illegally retained by respondent No.3 in their institution extracting money from poor student. The petitioner having been illegally retained in the institution despite having availed more than 4 chances has got no right whatsoever to pursue her study and the impugned order/notification dated 02.10.2017 needs no interference.
8. The petitioner is however at liberty to avail appropriate remedy claiming the fee from Medical College concerned.
9. This petition having no merit is dismissed.