SYED MUHAMMAD ATTIQUE SHAH, J.-Petitioner through the instant writ petition has approached this Court under Article 199 of the Constitution of Islamic Republic of Pakistan, 1973, with the following prayer:- "It is, therefore, humbly prayed that on acceptance of instant writ petition, the respondents be directed to register the petitioners as regular students of Women Medical College, Abbottabad and directions be given to respondent No.05 to treat them at par with other regular students and send their pm's for upcoming supplementary examination and further directions be given to the Respondent University to accept their forms, issue their roll numbers and allow the said petitioners to appear in the upcoming supplementary examination of first year BDS and supplementary examination of first year MBBS respectively."
2. Brief facts of the case, as averred in the present writ petition, are that petitioners No.1 and 2, were admitted by respondent No.5 in lieu of the excessive/drop out students in First Year BDS and First Year M1313S, respectively , for sessions 2017 2018; that when the date sheet was issued by Respondent University , the petitioners were not allowed to appear in the examination and they were informed by respondent No.5 that they were no more required in the college; that the petitioners approached the respondent No.5 and Khyber Medical University , respondents No.2 and 3 for the issuance of their roll numbers, but no avail, hence, the present writ petition.
3. Arguments of learned counsel for the parties heard and record perused with their able assistance.
4. Perusal of record reveals that present petitioners claimed that they were granted admissions in First Year BDS and MBBS in the institution by respondent No.5 in lieu of dropout students/vacant seats for sessions 2017-2018, as per policy and regulations of the PM&DC, 2013, however, their examination forms are not being sent to the University for appearance in the upcoming supplementary examination.
Learned counsel appearing on behalf of respondent No.3 i.e. Principal Women Medical College, Abbottabad stated at the bar that the petitioners were granted provisional admission in the institution for sessions 2017-2018 in lieu of dropout students/vacant seats on their own sweet will and in this regard, Muhammad Arshad, father of present petitioners sworn affidavit, wherein, he specifically mentioned that in case of non-admission of the petitioners, the petitioners will have no right to sue the college in this respect. Moreover, the college has already intimated the names and fees of hundred students for registration admitted in 1 Year MBBS in Women Medical College for the sessions 2017-18, to the Khyber Medical University, Peshawar. No seat has become vacant or available in lieu of dropout students. It is worth to mention here that the petitioners have annexed copy of minutes of the meeting of the 14nd Session of PM&DC Council held on 12 March, 2016, wherein, the Council has unanimously decided that `from session 2016-17, no admission shall be made beyond allotted annual admission to institutes by PMDC and failing to comply shall warrant disciplinary proceedings against institutes / persons as provisioned insection 22 and 22-B of PMDC Ordinance 1962." Besides, after promulgation and commencement of the MBBS and BDS Admissions, House job and Internship Regulations, 2018, all regulations, notifications, orders, instructions and circulars, eteetera, which regulate any matter under these regulations, have been repealed.
5. Apart from the above, in the newly promulgated Regulations of 2018, in Regulation 13, it has been provided that no institution shall be allowed admissions against dropout or vacant seats. Thus, the petitioners could not claim admission, in the institution on the basis of dropout students/vacant seats as their vested right.
6. Keeping in view the above stated peculiar facts and circumstances of the case and discussion made thereupon, the present writ petition being bereft of merits is hereby dismissed alongwith CM No.978-A/2018.