' This judgment will also dispose of W.P.No, 1013 of 1992 as in both of them common questions of law and facts have been raised.
2. In this Constitutional petition an office order No,11916- 55/QMC/BWP dated 14-6-1992 issued by the Principal, Quaid-e-Azam Medical College, Bahawalpur through which the petitioners have been debarred from continuing their studies on the ground that they had ceased to be eligible for further Medical/Dental Education in Pakistan, having exhausted all the four chances, has been called in question.
3. The petitioner was admitted to the First Year M.B.,B.S. Class of Quaid-e-Azam Medical College, Bahawalpur in February 1989. She appeared in First Year Promotion Examination which was held in November 1989 and passed the same in First Attempt. She appeared in the First Professional M.B.,B.S. Examination held in March 1991 but failed. She appeared second time in October, 1991 but again failed. She thereafter appeared in the held in January 1992 third time and failed. The petitioner had been declined further opportunity for taking M.B.,B.S. First Professional Examination on the assumption that she having availed of four chances offered/available to her, therefore, was debarred from continuing the studies as she had ceased to be eligible for further education.
4. The case of the petitioner was that she after earning eligibility to appear in First Professional M.B.,B.S. Examination had been offered and availed only three chances, therefore, it was still within her right to avail fourth and the last chance to appear in the said examination whereas according to the respondent she, had already been offered and availed of four chances, therefore; was debarred from continuing the studies.
5. The Council created under the Pakistan Medical and Dental Council Ordinance, 1962, in in exercise of powers derivable from subsection (2) of Section 33 of the said Act, framed Regulations according to which a student could avail only four chances for clearing First Professional M.B.,B.S. Examination and in this case according to the respondents she was offered four chances which she availed but did not clear the said examination as such was debarred' from continuing the studies.
6. This argument is based on Regulation No,7 of the Regulations framed by the Pakistan Medical and Dental Cuncil, Islamabad. Since the decision of the crucial question raised in these writ petitions centres around the interpretation and construction of this Regulation the same is reproduced Any student who fails to clear First Professional M.B.,B.S, exmaination in four chances availed or unavailed after becoming eligible for the examination shall cease to be eligible for further medical education in Pakistan."
7. Learned counsel for the respondents when questioned as to how it could be maintained that the petitioner was offered four chances which she availed, when admittedly she for the first time appeared in M.B.,B.S. First Professional Examination held in March, 1991, second time in October 1991 and third time in January 1992, submitted that the expression four chances used in this Regulation would be inclusive of the examination of First Year Examination in M.B.,B.S. Held by the respective Medical Colleges. When questioned he submitted that a student is to take the said examination to become eligble to appear in the First Professional M.B.,B.S. Examination which as matter of fact is held to determine his eligibilty for appearance in the M.B.,B.S. First Professional Examination. I am afraid if the said examination which is held only to determine the eligibility for taking M.B.,B.S 'First Professional Examination by any stretch of imagination or interpretation of Regulation No,7 could be construed to be the first chance either offered or availed by such student for M.B.,B.S. First Professional Examination. It is distinctly clear from a bare reading of Regulation No,7 itself that a student was entitled to avail of four chances to clear M.B.,B.S. First Professional Examination after he had acquired eligibility to appear in the said examination. Any examination held by the College to qualify or for becoming eligible for taking M.B.,B.S. First Professional Examination cannot be held to be a chance offered to him for M.B.,B.S. First Professional Examination itself. It was not denied that even if a student passes the said examination held by the College for admission or to qualify for appearance in M.B.,B.S First Professional Examination, he is not deemed to have passed M.B.,B.S. First Professional Examination. If that be so, how that examination could be held to be one out of four chances to clear M.B.,B.S. First Professional Examiantion. In my opinion the correct interpretation of Regulation No,7 is that a student has a right to avail of four clear chances to pass M.B.,B.S. First Professional Examination which would mean that each of such chances should be such that if the student passes the examination he would be deemed to have eleared M.B.,B.S. First Professional Examination and any other examination which even if he passes would not amount to passing M.B.,B.S. First Professional Examination cannot be held to be a chance offered or availed for passing M.B.,B.S First Professional Examination.
8. For the foregoing reasons the impugned order is not sustainable. Both the writ petitions are accepted. The said order (Annex. 'A') is hereby declared to have been passed without lawful authority and of no legal effect and (is) quashed. The petitioners were provisionally allowed to appear in the M.B.,B.S. Professional Examination through interim order passed in the writ petition which they have taken. The said examination shall be deemed to be the fourth chance which the petitioners have availed. The respondents are directed to declare the result of the said examination of the petitioners forthwith. There will be no order as to costs.