' ABDUL KARIM KHAN KUNDI, CJ.---This order is to dispose of Writ Petitions Nos.98/94, 100/94, 104/94 at the preliminary hearing and Writ Petitions Nos.83/94, 84/94 and 87/94 at a final hearing. In all these writ petitions the petitioners were the students of 2nd Year M.B.,B.S. Of Ayub Medical College, Abbottabad. They appeared in the First Professional Examination but failed in one or two science subjects. They were denied promotion to a next higher class, that is, the 3rd Year M.B.,B.S. (Second Professional Examination) and accordingly they filed instant writ petitions seeking a declaration about the P.M.D.C. Rules denying right of promotion to them tO the 3rd Year M.B.,B.S. Unless clearing all subjects of the First Professional Examination as illegal, unjust, discriminatory and unconstitutional.
2. Writ Petitions Nos.96/94, 97/94 and 103/94 are at the preliminary stage while Writ Petitions Nos.73/94, 74/94, 75/94, 76/94, 77/94, 78/94, 79/94, 80/94 and 86/94 are at the final stage in which the petitioners were the students of 3rd Year M.B.,B.S. That is, Second Professional Examination that they failed in their main science papers in Second Professional Examination and they were now to pray for their promotion to 4th Year M.B.,B.S. That is, 3rd Professional Examination in spite of their non-clearance of all the subjects in the Second Professional Examination.
3. Writ Petitions Nos.95/94, 99/94 and 132/94 are at the preliminary stage while Writ Petitions Nos.81/94, 90/94 and 91/94 are at the final hearing stage in which the petitioners were the students of 4th Year M.B.,B.S. That is, Third Professional Examination that they failed in the main science and medicine subjects in 4th Year M.B.,B.S. And that inspite of their failure they have prayed for promotion to 5th Year M.B.,B.S. That is Fourth Professional Examination.
4. As described above, the writ petitioners are the regular students of Ayub Medical College, Abbottabad and were studying in different classes of the M.B.,B.S. That they appeared in different Annual/Supplementary Examinations of 1993 but failed in some subjects. The grievance of the petitioners is that they have not been allowed a carry-over promotion to the next higher classes since they have not cleared their previous year of M.B.,B.S. In all the subjects. The Pakistan Medical and Dental Council has made rules and regulations that a student shall not be promoted to the higher class unless he has passed all the subjects of the lower class.,Petitioners have, therefore, to contest the aforesaid rules and regulations of P.M.D.C. As to be ultra vires and discriminatory.
5. We, however, posed a simple query to the learned counsel for the petitioners that if the petitioners have not cleared their Previous Professional Examination and have failed in some subjects, how can they claim a promotion to the next higher class as of right and.The learned counsel for the petitioners was found with no answer to this query posed to him. We posed him another query that the petitioners have obtained admission under the terms and conditions of the Prospectus of the College laying down in unequivocal terms that a student who fails in any subject except Islamiat and Pakistan Studies will not be promoted to the next higher class and shall be required to attend the lectures and practical courses regularly with the subsequent class after declaration of the supplementary result. Learned counsel for the petitioners contended that even the P.M.D.C. Has been discriminatory in its dealing as in case of Medical Colleges of the Province of Sindh ,the aforesaid rule and regulation has not been enforced. No authentic document has, however, been placed on file in this regard. There has been placed on file a Supplementary Agenda of P.M.D.C. For a meeting to be held on 10th and 11th November, 1990 as follows:- ' The students of three Medical Colleges affiliated with Sindh University who failed in 2nd and 3rd Profesional M.B.,B.S. Supplementary Examination at Sindh University collectively filed a petition in High Court on the basis of the Karachi University Medical Colleges and the High Court allowed them to sit in the Examination at their own risk and cost, subsequently the matter was to be defended at ' University level, but it is felt as if the matter was not properly dealt with by the University and the ruling of P.M.D.C. For the completion of one full academic year in Final Year was not properly agitated with the result that .The students got their results declared as per Court orders and I wonder they got the temporary registration with the P.M.D.C. As well at its own, without further direction of Honourable Court for their registration as the Honourable Court ordered only for their declaration of the result and not for their Registration."
' The reading of the above would still not entitle the petitioners to promotion to the higher class as of right. In the said case the students of Medical Colleges had, failed in 2nd and 3rd Professional Examinations and the High Court has allowed the students to sit in the examination at their own risk and cost and since 'the matter was not properly dealt with and agitated before the High Court the students had got their result declared and had also obtained temporary registration with the P.M.D.C. At its own without, any direction of the High Court. It was definitely not an adjudication by the High Court and would not clothe .a student with a right to carry over promotion to a next higher class.
6. The Prospectus of Ayub Medical College records amongst important notes in the beginning that this prospectus applies to all the M.B.,B.S. Students, studying in Ayub Medical College, Abbottabad and is binding on all the students to know the rules and regulations mentioned in this prospectus and that ignorance of the rules and regulations shall not be admitted as an excuse and that this prospectus has been approved by the Board of Governors, Ayub Medical College, Abbottabad. The rules and regulations for the Professional Examinations contained in the prospectus provide for two University Examinations each year, the Annual and the Supplementary Examinations; provide for that a student who fails in any of the science subject of First Professional Examination will not be promoted to the next higher class and shall be required to attend the lectures and practical courses regularly with the subsequent class after the declaration of the result of the Supplementary examination and in the context also provide that any student who fails to clear the First Professional M.B.,B.S. Examination in four chances offered by the University availed or unavailed shall cease to be eligible for further Medical/Dental Education in Pakistan and to be expelled from the College; provide for that a candidate shall be eligible for the 2nd Professional Examination if, inter alia, he has passed the First Professional Examination, has undergone a period of one academic year of theoretical and practical courses including demonstrations; further provide that a student shall not be promoted to the Fourth Year Class, that is, 3rd Professional Examination unless he/she has cleared all the subjects of the Second Professional Examination; also provide that a student who has failed in the Second Professional Examination in any subject(s) shall undergo the course of study in the failed subject in the next session with the fresh Third Year Class after the declaration of the result of the Supplementary Examination and he shall be required to complete 75% of the attendance so as to become eligible to appear in the subsequent Professional Examination; in case of 3rd Professional Examination a candidate shall be eligible to appear in the 3rd Professional Examination at the end of the 4th Academic Year if, inter alia, he has passed the 2nd Professional Examination and further provide that a student who has failed in anyone of the subjects of Third Professional Examination shall not be promoted to the fifth year unless he has cleared all the subjects of Third Professional Examination and shall be required to attend the lectures/practicals with the new Fourth Year Class to complete 75% of attendance, so as to reappear in subsequent examination.
7. The rules and regulations for the professional examination as contained in the prospectus provide for a carry-over promotion only in case of from First Year M.B.,B.S. To Second Year M.B.,B.S. And afterwards there is no carry-over promotion to 3rd and 4th Year and 5th Year M.B.,B.S. The said rules rather provide for in unequivocal terms that a student shall not be promoted to the next higher class unless he/she has cleared all the subjects .Of the lower class. The rules further provide that a student who has failed in any of the science subjects of the First, Second and Third Professional Examinations will not be promoted to the next higher class and shall be required to attend the lectures and practical courses in the failed subjects in the next session with the fresh students and he/she is also required to complete 75% of the attendance so as to make him/her eligible to appear in the subsequent professional examination. In the case of non-clearance of the First Professional Examination in four chances by a student there has been provided a harsh penalty of his expulsion from the Medical College and to render him ineligible for further Medical/Dental Education. In Pakistan. About the said harsh clause contained in the prospectus there was given a judgment by the Supreme Court of Pakistan published in "Akhtar Ali Javed v.
Principal, Quaid-i-Azam Medical College" 1994 SCMk 532 and it was held that the same harsh clause did not infringe upon the right of a student to pursue his study in Medical College and that on the contrary the said clause assured arrest of falling standards' of education in Medical Institutions.
8. In view of the above we have. Not .Found any merit in these writ petitions to allow carry-over promotion to the writ petitioners to the next higher class inspite of their non-clearance of all subjects in the lower class. As a result these writ petitions and the C.Ms. Fail and they are hereby dismissed making no order as to costs. Orders of provisional promotion to the next higher class passed in the C.Ms. Are hereby vacated.