' The petitioners who are students of Nishtar Medical College, Multan have filed this writ petition challenging the rejection of their admission forms for appearing in the Third Professional M.B.,B.S. (R.S.) Supplementary Examination, 1979 scheduled to commence from 20th May, 1981, by respondent No, 2 as being without lawful authority and for issuing a direction to the respondents allowing them to appear in the said examination.
2. The averments made in the petition show that the petitioners joined Nishtar Medical College, Multan in the academic Session 1975-76. They passed the First Professional Annual Examination 1977 held in 1978. The petitioners appeared in the Second Professional Examination (First Annual Examination) 1978 held in 1979 but they failed. Thereafter they again appeared in the Second Professional Examination (Second Annual) and Special Supplementary Examination which were al5o held in 1979 but they failed to qualify in the said examinations. It was only in 1980 that some of the petitioners passed the Second Professional Examination (First Annual) 1979 which was held in 1980 while t he others passed the Second Professional Examination (Second Annual) 1979 held in 1980. In February 1981, the petitioners submitted admission forms for appearing in the Third Professional M.B.,B.S. Supplementary Examination through their Principal but the Controller of Examinations University of the Punjab, Lahore, respondent No, 2 rejected their admission forms and declared the petitioners ineligible to appear in the forthcoming Supplementary Examination on the ground that under the rules one academic year gap was necessary after passing the Second Professional M.B.,B.S. (R.S.) Examination which requirement was not met in the case of the petitioners. Respondent No, 2 was informed by the Principal of College that one year gap rule was no longer applicable as it had been discarded and that the petitioners should be allowed to appear in the examination. Respondent No, 2 however, took no notice of the aforementioned clarification communicated to him by the Principal of the College. The petitioners contend that they are eligible to appear in the forthcoming Third Professional M.B.,B.S. Examination as they have passed the Second Professional M.B.,B.S. Examination which is the only requirement for being eligible to appear in the Third Professional M.B.,B.S. Examination and that the rule that candidates should have passed one academic year previously after passing the Second Professional M.B.,B.S. Examination stands superseded by the regulation framed by the Medical and Dental Council of Pakistan, whereby the Council, while dealing with a matter of provisional promotion of students of the final year has removed the restriction that one academic year should elapse after the passing of Second Professional M.B.,B.S. Examination before the student is permitted to appear in the Third Professional M.B.,B.S. Examination inasmuch as it has been provided that Third and Fourth Professional clinical work may continue but a candidate must clear all subjects of Second Professional M.B.,B.S. Examination before he is allowed to sit in the Third Professional M.B.,B.S. Examination. The aforesaid regulation which is binding on all the medical colleges and institutions as it has been framed by the Medical and Dental Council of Pakistan which is the governing and controlling authority for medical studies in Pakistan by virtue of the provisions of the Medical and Dental Council Ordinance, 1962. The Medical and Dental Council of Pakistan has in fact revived the earlier practice which is also known as "carry on system" under which the only condition for appearing in the next higher examination was that the candidate must have passed the lower class examination. The petitioners have also given some instances in which students were allowed to appear in two examinations in one academic year and the rule of gap of own academic year between the two examinations was not applied in their case.
3. The writ petition has been contested on behalf of the Vice Chanceller, University of the Punjab and the Controller of Examinations of the University of the Punjab who have been impleaded as respondents Nos. 2 and 3 respectively by the petitioners. In the parawise comments filed on their behalf it is stated that the petitioners were allowed migration to Bahauddin Zakriya University, Multan by the Government and it was after their migration that they had appeared in the Second Professional M.B.,B.S. Examination (First Annual) 1979 of Bahauddin Zakriya University.. After their migration to Bahauddin Zakriya University, Multan, the petitioners are not eligible to appear in the Third Professional M.B.,B.S. Examination being held by the University of the Punjab. It is further stated that the petitioners have intentionally concealed the above fact that the Second Professional M.B.,B.S. Examination has not been passed by them from the University of the Punjab. Even otherwise the petitioners are not eligible to appear in the forthcoming Third Professional M.B.,B.S. Examination because the regulation of the University of the Punjab that a candidate is eligible to sit in the Third Professional M.B.,B.S. Examination only if he has passed one academic year previously after the Second M B.,B.S. Examination is still in force and has not been amended. The regulation of the Medical and Dental Council of Pakistan as referred to by the petitioners in their writ petition has not been approved by the University of the Punjab so far and as such the petitioners cannot be considered eligible to appear in the Third Professional M.B.,B.S. Examination on the basis of the aforementioned regulation. The respondents have refuted the petitioner's contention that many students have been allowed to sit in the Third Professional M.B.,B.S. Examination in violation of the regulation which requires that a candidate must have passed one academic year previously after the Second Professional M.B.,B.S. Examination before be is allowed to appear in the next Third Professional M.B.,B.S. Examination.
4. Learned counsel for the petitioners has conceded that the petitioners have passed the Second Professional M.B.,B.S. Examination held by the Bahauddin Zakriya University Multan in 1980 but he has refuted the contention of the respondents that the petitioners have migrated to Bahauddin Zakriya University, Multan. He has submitted that the petitioners were allowed to appear in the aforementioned examination held by Bahauddin Zakriya University Multan under a special arrangement and that they had appeared in the said examination as the students of the Punjab as is evident from the fact that they had been given their registration numbers of the University of the Punjab in their admission forms for appearing in the aforementioned examination. Learned counsel for the petitioners has further submitted that the questions of eligibility of a student of a college to appear in the examination held by the University is determined by the principal of the college as he has to forward the admission form to the University for issuing roll number to the student who has to appear in the examination. According to the learned counsel for the petitioners the Controller of Examinations of the University of the Punjab, respondent No, 2 is not empowered to reject the admission form of a candidate on the ground that he is not eligible to appear in the examination.
Under section 19 of the University of the Punjab Act, 1973 he has been made responsible for all matters connected with the conduct of examination and the subject of "conduct of examination" as dealt with in Chapter VII, Part VII, of the Calendar of the University of the Punjab Vol. I does not include the rejection of admission forms of a candidate for an examination. Learned counsel for the petitioners has argued that neither the University of the Punjab Act, 1973 nor the Calendar of a University of the Punjab prescribe any such duty of Controller of Examinations that he may reject the admission form of a candidate for an examination. He has referred to the administrative powers of the Controller of Examinations as given in Part XIII of the Calendar of the University of the Punjab Vol. I, which do not include the power to reject the admission. According to the learned counsel for the petitioners the power to withdraw an admission form submitted to the University has been given only to the Principal of the college in Chapter 1 of Part VII of the Calendar of the University of Punjab.
6. As regards the eligibility of the petitioners to appear in the Third Professional M. B., B. S. Examination, learned counsel for the petitioners has contended that the recommendation of the Medical and Dental Council of Pakistan which is to be considered as a regulation framed by it under section 33 of the Pakistan Medical Council Ordinance, 1962 has superseded the clause (ii) of Regulation No, 3 governing Third Professional M. B., B. S. Examination that the candidate must have passed one academic year. Previously after the Second Professional M. B., B. S. Examination before he is considered eligible for the Third Professional M. B., B. S. Examination. The aforementioned regulation has already been approved by the Board of Studies and that even the promotions of petitioners to the next class after they had passed the Second Professional M. B., B. S. Examination was made in accordance with the above regulation.
7. Learned counsel for the respondents has contended that the University of the Punjab had not permitted the petitioners to appear in the Second Professional M. B., B. S. Examination of 1979 held by Bahauddin Zakriya University Multan. After having appeared in the said Examination, the petitioners have severed their connection with the University of the Punjab and irrespective of the fact whether any formal permission for their migration to Bahauddiia Zakriya University Multan has been given or not, they are now students of Bahauddin Zakriya University Multan and as such are not entitled to appear in the forthcoming Third Professional M. B., B. S. Examination of the University of the Punjab without the permission of the said University. Learned counsel has further submitted that the Controller of Examinations of the University of the Punjab respondent No, 2 being the competent authority to issue roll numbers to the candidates appearing in an Exammination is also empowered to reject the admission form of a candidate if he is not found eligible to appear in the examination. He is not bound to issue roll number to a candidate for an examination merely because his admission form has been forwarded by the principal of his college. Permission to appear in the examination is accorded only if the candidate is found eligible to appear in the examination in accordance with the regulations framed by the University in that behalf. According to the learned counsel the expression all matters connected with the conduct of examinations" is quite comprehensive and includes the authority to send intimation to a candidate for the examination about his ineligibility to appear in the examination. Learned counsel for the respondents has pointed out that the petitioners have not raised the plea of want of jurisdiction of respondent No, 2 to declare them ineligible to appear in the forthcoming. Third Professional M. B.. B.
S. Examination in their writ petition and as such the petitioners' counsel should not be allowed to raise it now at the time of arguments.
8. Learned counsel for the respondents has argued that even if it be assumed for the sake of arguments that the petitioners are the students of the University of the Punjab, their admission forms for appearing in the Third Professional M.B.,B.S. Examination scheduled to be commenced on 20th May, 1981 have been rightly rejected by respondent No, 2 because the petitioners are not eligible to appear in the said examination in view of clause (ii) of Regulation No, 3 which is applicable to the above examination and requires that only such students who have passed one academic year previously after the Second Professional M.B.,B.S. Examination are eligible to appear in the Third Professional M.B.,B.S. Examination. The recommendation of the Medical and Dental Council of Pakistan on which reliance has been placed by the petitioners has not been approved by the University of the Punjab as yet because clause (ii) of Regulation 3 referred to above has not been deleted and is still applicable to the candidates who want to appear in the Third Professional M.B.,B.S., Examination. The mere fact that the Board of Studies of the University of the Punjab has approved the aforementioned recommendation does not mean that it has been accepted by the University as a regulation which should now determine the eligibility of the students to appear in the Third Professional M.B.,B.S. Examination.
9. I have carefully considered the arguments of the learned counsel for the parties. The petitioners have undoubtedly suppressed a material fact in their writ petition that the Second Professional M.B., B.S. Examination on the basis of which they considered themselves eligible to appear in the Third Professional M.B.,B.S. Examination was passed by them from Bahauddin Zakriya University .Multan. Even the respondents did not state the true factual position in the parawise comments filed on their behalf in this Court inasmuch as they stated that the petitioners had been allowed to migrate to Bahauddin Zakriya University Multan by the Government while in fact no such permission was granted by the Government. The petitioners did appear in the Second Professional M.B.,B.S. Examination held by Bahauddin Zakriya University Multan in 1980 but it is not known under what circumstances they appeared in the said examination because according to the decision of the Syndicate of the University of the Punjab, the petitioners who had joined Nishtar Medical College in the academic Session 1975-76 were entitled to appear in the examination to be held by the University of the Punjab notwithstanding the fact that Nishtar Medical College was affiliated with Bahauddin Zakriya University Multan. While arguing the case the learned counsel for the petitioners has disclosed that the petitioners were allowed to appear in the examination held by Bahauddin Zakriya University Multan under a special arrangement and that their position as students of the University of the Punjab was not effected thereby as they had appeared in the said examination with their registration numbers as allocated to them by the University of the Punjab.
Unfortunately nothing has been brought on record to show as to what was that special arrangement which enabled the petitioners to appear in the examination held by Bahauddin Zakriya University Multan. It was the duty of the petitioners to place all the relevant facts before this Court whom they had approached for a relief in the exercise of its extraordinary jurisdiction. This Court is not bound to enter into any enquiry to find out how the petitioners were allowed to sit A in the Second Professional M.B.,B.S. Examination of Bahauddin Zakriya University Multan while they were admittedly the students of the University of the Punjab and were entitled to appear in the examinations of the said University. In the absence of material information which, as noticed above, should have been supplied by the petitioners, it is difficult to determine the status of the petitioners as regards their eligibility to appear in the examination of the University of the Punjab after they have appeared in the examination held by Bahauddin Zakriya University Multan. The fact that they continue to be registered as students of the University of the Punjab as they had appeared in the aforementioned examination with registration numbers allocated to them by the University of the Punjab would not be helpful in resolving the above problem. If the petitioners want to appear in future in the examination to be held by the University of the Punjab, they should approach the said University through their Principal to get their position clarified with regard to their passing of Second Professional M.B.,B.S. Examination held by Bahauddin Zakriya University Multan because in the absence of the above clarification I they may face difficulty in getting permission from the University of the Punjab to appear in the examination of the said University.
10. Apart from the anomalous position in which the petitioners have placed themselves by having appeared in the Second Professional M.B.,B.S. Examination held by Bahauddin Zakriya University Multan, their eligibility to appear in the Third Professional Examination of the University of the Punjab has to be considered in the light of the regulations framed by the University governing the said examination. Clause (ii) of Regulation No, 3 is quite clear and leaves no room to doubt that the B petitioners are not eligible to appear in the forthcoming examination as the Second Professional M.B.,B.S. Examination 1979 of Bahauddin Zakriya University passed by the petitioners was held in 1980 and one academic year has not passed after the passing of the said examination. They will be eligible to appear only in the Third Professional M.B.,B.S. (First Annual) Examination 1980 as for that examination the requirement of clause (ii) of Regulation No, 3 would be met. Petitioners' contention that the afore-mentioned clause has been impliedly repealed by the regulations of the Medical and Dental Council of Pakistan as communicated to the Principals of Medical and Dental Colleges in Pakistan by the Medical and Dental Council of Pakistan vide their letter No, PF. 3-F-80/2389 dated 24th November, 1980 (copy Annexure 'C') has no force for two reasons ; firstly, the aforementioned regulation was framed by the Medical and Dental Council of Pakistan for resolving the controversy regarding provisional promotions of students to various classes. It was provided that the First Professional Examination must be cleared before a student is promoted to Third year, i,e, for clinical posting. It was further laid down that 3rd and 4th years clinical work might continue but a candidate must clear all subjects of Second Professional M.B.,B.S. Examination before he is allowed to sit in Third Professional Examination. It is evident that the Medical and Dental Council of Pakistan was primarily concerned with the question of promotion of students and the question of eligibility of a student to appear in a particular examination was not before it for consideration. The fact that a student has been allowed to sit in the Third Professional M.B.,B S. Examination after he has cleared all subjects of the Second Professional M.B.,B.S. Examination does not necessarily mean that clause
(ii) of Regulation No, 3 of the University of the Punjab which provides that one academic year must pass between the Second Professional M.B.. B.S. Examination and the Third Professional M.B.,B.S. Examination stands repealed because there is no reference to any period which should pass between the clearing of all subjects of the Second Professional M.B.,B.S. Examination and appearing in the Third. Professional Examination. Secondly, the regulations have been framed by the University of the Punjab under section 32 of the University of the Punjab Act, 1973. Any amendment or modification in these regulations can be made only by the University of the Punjab under the afore- D mentioned provisions of the Act. Regulations framed by the Medical and Dental Council of Pakistan cannot override these regulations. These regulations will remain in force as long as the University of the Punja itself does not repeal them and adopts the regulations framed by the Medical and Dental Council of Pakistan.
11. There is hardly any substance in the contention raised on behalf of the petitioners that respondent No, 2 had no jurisdiction to send intimation vide No, D/I156/E dated 24th February, 1981 to the Principal Nishtar Medical College Multan that the petitioners are not eligible to appear in Third Professional M.B.,B.S. (R.S.) Supplementary Examination, 1979, because it is an undisputed fact that the question of eligibility of a candidate to appear in a particular examination has to be determined by the University of the Punjab in the light of its regulatiuns and if a candidate is not found to be eligible to appear in the examination for which he has submitted his admission form, intimation to that effect can be sent to the candidate by any officer of the University but since the Controller of Examinations is concerned with the conduct of examinations and the roll numbers for appearing in the examination are issued to the candidates from his office after it has been found that they are eligible to appear in the examination, there can be no legal objection, if intimation regarding ineligibility of a candidate to appear in the examination is sent by him. It has been rightly pointed out by the learned counsel for the respondents that the petitioners have not challenged in their writ petition the jurisdiction of respondent No, 2 to send intimation to the Principal of their College regarding their ineligibility to appear in the Third Professional M.B.,B.S. Examination. The petitioners have prayed that the respondents (including respondent No, 2) be directed to allow them to appear in the forthcoming Third Professional M.B.,B.S. Examination. The plea of want of jurisdiction of respondent No, 2 to refuse permission to the petitioners to appear in the examination cannot be allowed to be raised by the petitioners without proper amendment of their writ petition particularly when such plea is inconsistent with the prayer made by them in the writ petition.
12. For the foregoing reasons, there is no ground to declare the decision taken by the respondents regarding ineligibility of the petitioners to appear in the Third Professional M.B.,B.S. (R.S.)
Supplementary Examination 1979, conveyed to the Principal of Nishtar Medical College Multan vide letter No, D/1156/E dated 24th February, 1981 as being without. Lawful authority. The writ petition filed by the petitioners is dismissed. Having regard to the circumstances of the case, no order is made as to costs.