1. 'Through the above titled writ petitions tiled under Article 44 of the AJ&K Interim Constitution, 1974, common points are involved whereby the petitioners seek a direction against the respondents to allow them an additional chance for examinations of MBBS 1st and 2nd professionals Facts shortly stated are that petitioners are First class State Subjects of AJ&K and are the students of MBBS in Govt. Medical College Poonch/Rawalakot Azad Kashmir. The petitioners have availed chances as per Regulation of the University and PMC of professional 1st and 2nd but could not pass the same they have foiled in one subject. The petitioners applied to the concerned quarters for giving them an additional chance due to Covid-9. It is the version of the petitioners that due to Covid-19, it was not possible to attend classes and under the pandemic situation they have not prepared the syllabus properly. It is requested that in the unavoidable circumstances like Covid-19, the petitioners are eligible to be given an additional chance as there was pandemic situation in AJ&K. It has been further stated that according to letter dated 23.10.2020, PMC has wrote a letter to the Vice Chancellor of all, the Medical Colleges that previous Regulation requiring maximum number of 04 chances for MBBS/BDS to pass an examination stand repealed. Therefore, no policy exists relevant to the number of chances: Such policy is to be made and enforced by the relevant university or college. It was also stated that many students in Punjab Medical Colleges who availed 4 chances in 1st professional have failed the same and in the light of letter dated 23.1.0.2020, they made many submissions through many applications to the Chancellor of the Medical University including UHS Lahore for allowing a special chance to them as they could not prepare the examination due to Co vid-19, on which the Chancellor wrote to the Vice Chancellors of the Medical Colleges that the matter be taken up with the concerned authorities regarding granting of special chance to the applicants. So, after seeing the refusal from the authorities the petitioners have filed the instant writ petitions for allowing them a special chance after availing the 4 chances in 1st Professional of MBBS.
2. Learned Legal Advisor for Respondent No. 1 Syed Sayyad Girdazi has totally negated the version of the petitioners and stated that Regulation on which the petitioners rely is annexure "D" is a photocopy which does not show that the Regulation has been issued by UHS or PMC, so, this document cannot be relied upon. He has referred a notification dated 06.04.2016 attached with the written statement which clearly shows that "a. Any student who fails to clear First Professional in four chances, availed or un-availed, and has been expelled on that account shall not be eligible for continuation of medical/dental studies for MBBS or BDS and shall not be eligible for fresh admission as afresh candidate in either MBBS or BDS". He also relied on circular issued by UHS Lahore dated 23.11.2020 through which it has been clearly mentioned that it is hereby clarified abundantly that prevailing Statutes and Regulations of the university for MBBS and BDS Professional Examinations, approved by its statutory and regulatory bodies, are fully intact and bear sound legal force in all the matters contained therein, including permissible attempts and detention, despite repeal of concerned. PM&DC regulations. So, according to this circular, no 5th chance can be given. It is stated that on the applications of the students who availed 4 chances and did not pass the examination and want to avail 5th chance, a special meeting was held by Board of the Studies (Medicine) held on Tuesday, 3rd November, 2020, in Mahmood Senate Hall, UHS Lahore, in which it has been decided that attempt restriction may be retained to the extent of First Professional Examination, alone, in both MBBS and BDS programs. It was also decided that the candidates may be allowed to avail maximum of four (4) attempts at the First Professional MBBS/BDS Examination, within three (3) years of their admission. It was further decided that those who fail to clear First Profession MBBS/BDS examination in either four attempts or within '3 years of admission, whichever comes earlier, may be declared ineligible to continue their studies. Likewise, in another decision of meeting of Board of Studies Medicine held on Nov 19, 2020, the following recommendations have been made: "Prof Dr. Azhar Qayyum, Principal, Poonch Medical College, Rawalakot requested the members to deliberate upon policy for issuance of experience certificate to the faculty, in view of Pakistan Medical Commission's Letter No. PMC Council/20201016 dated 15.10.2020. It was decided to place the matter on agenda of the forthcoming meeting, with tentative schedule in December 2020. The meeting ended on a vote of thanks by the Chair. "
3. Thereafter, the said applicants have filed a writ petition in the Lahore High Court for allowing them 5th chance in MBBS professionals. The writ petition was dismissed vide judgment dated 04.02.2021.
4. This judgment was assailed before the apex Court of Pakistan in petition for leave to appeal, which was also dismissed by the apex Court through the judgment dated 08.07.2021. The relevant portion of the said judgment titled "Hamid Ullah vs others v. Federation of Pakistan and others" is as under.
5. "The learned ASC for the petitioners has tried hard to persuade us to treat this as a unique case arising out of extraordinary circumstances. We are however not convinced that we can lawfully read into the law and the rules regulations something which is not here. We are not convinced that the impugned judgment of the High Court suffers from any legal or jurisdictional defect, error or flaw that may furnish any basis, ground or justification for grant of leave to appeal in this matter.
6. For reasons recorded above, we do not find any merit in this petition. It is accordingly dismissed.
7. Leave to appeal is refused".
8. Learned counsel for the respondents diverted my attention towards memo. of petition for leave to appeal in which one of the petitioners, Aneesa lftiaz has been mentioned in memo of appeal and Mishal Khan, Usama Shabir and Almita Ishtiaq who are the petitioners herein in the above captioned writ petitions and have been mentioned at Serial Nos. 24, 43 and 48 of the writ petitions.
9. So, side by side, they have filed writ petitions in this Court and also filed writ petitions before the Lahore High Court as well. So, their petitions for leave to appeal before the Supreme Court have been refused, therefore, they are not entitled to any relief before this Court as well.
10. Learned Legal Advisors for the official respondents have stated that as the petitioners have already availed the remedy before the Lahore High Court and before the apex Court of Pakistan, therefore; their writ petitions before this Court are not maintainable. Learned Legal Advisor has also referred another judgment of the Hon'ble Supreme Court of Pakistan titled "Khyber Medical University etc. Ajmal Khan etc." decided on 04.01.2022, in which it has been decided that the Court has to go by law and not to decide the matter or merciful manner.
11. After hearing the learned counsel' for the parties, I have gone through the relevant record, regulation and law on the subject. The points raised by the petitioners in all the above titled writ petitions are the one and the same through which they have requested to allow a special/5th chance so, I deem it appropriate to resolve these writ petitions through the single Judgment. It is settled that according to Regulations of the University and PMC, a student can avail only 4 chances of examination in 1st professional or any professional and there is no scope in any provision of the regulations or law for availing 5th chance. The regulation of the university is very much clear that no special/additional chance can be given to the student. In this regard, the petitioners herein and many others have also approached to the concerned authorities like Chancellor of the Medical Colleges but the Board of UHS has a clear stance that no further chance after availing 4 chances can be granted to the students 'of MBBS in the 1.st or in any other professionals The matter was resolved by the. Lahore High Court and by the Apex Court of Pakistan in case titled "Hamid Ullah and others v. Federation of Pakistan and others" and the petitioners herein have also availed the jurisdiction of the Lahore High Court and the apex Court of Pakistan by which the relief claimed by the petitioners for 5th chance has been refused. The matter regarding giving of 5th chance was also came up before the Hon'ble Supreme Court of AJ&K whereby the 5th chance for examination of 1st and 2nd professional. of MBBS was refused as held in an unreported case titled "Secretary Health v. Muhammad LAW Butt and others" decided on 06.08.2021.
12. In view of what has been discussed above, the writ petitions are not maintainable, which are without any substance and force of law, so, the same are hereby dismissed accordingly with no order as to the cost.