SAIDUZZAMAN SIDDIQUI, J.---The abovementioned 33 petitions are filed by the students of Khyber Medical College, Peshawar, and Ayub Medical College, Abbottabad, seeking leave to appeal against the judgments of the Peshawar High Court whereby several writ petitions filed by them praying for a direction to the authorities of the two medical colleges to promote the petitioners to the next higher class of M.B.,B.S., were dismissed. Common questions of law and facts arise in these petitions, therefore, we propose to dispose of these petitions by a consolidated order.
2. The facts relevant for disposal of the above petitions are these. The petitioners in Petitions Nos.
204-P, 244-P, 250-P, 251-P, 290-P, 291-P, 298-P, 299-P, 300-P, 307-P, 320-P, 395-P, 396-P and 410-P of 1994 were studying in the 2nd Year M.B.,B.S. Classes and having failed in some of the compulsory subjects were denied promotion to the next class, namely, 3rd year M.B.,B.S. Petitioners in Petitions Nos. 245-F, 246-P, 247-P, 248-P, 288-P, 292-P, 308-P and 362-P of 1994 who were students of 3rd Year M.B.,B.S. Classes failed in some of the subjects in the 3rd Year M.B.,B.S. Examination and were, accordingly, refused promotion to the 4th year M.B.,B.S. Classes. In the same way petitioners in Petitions Nos. 249-P, 252-P, 253-P, 281-P, 285-P, 289-P, 257-P, P-258, 361-P and 365-P/1994 appeared in the 4th year M.B.,B.S. Examination but they failed to qualify in all the subjects, and therefore, were denied promotion to the next class namely 5th . Year M.B.,B.S. Class.
3. The college authorities refused to promote the petitioners to the next higher class of M.B.,B.S. Relying on rule 16 of the Prospectus of Medical Colleges in N.-W.F.P. Which reads as under:- "A student who fails in any subject(s) (except Islamic 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."
The learned counsel for the petitioners jointly contended that the above rule contained in the Prospectus of the Medical Colleges of the N.-W.F.P. Is discriminatory as in the Province of Sindh, the students of Medical Colleges were allowed promotions to the next higher classes of M.B.,B.S. In spite of the fact that they failed in one or the other subjects of their examination. The learned counsel for the petitioners in support of their contention relied on the following extract from the meeting of Pakistan Medical and Dental Council Held on 10-11-1990:- "The students of three Medical Colleges affiliated with Sindh University who failed in 2nd and 3rd Professional M.B.,B.S. Supplementary Examination at Sindh University collectively filed a petition in the 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 PMDC 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 PMDC 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 the Registration."
It is also contended by the learned counsel for the petitioners that above rule 16 of the prospectus also conflicts with the Regulations framed by the Pakistan Medical and Dental Council, Islamabad, under the Pakistan Medical and Dental Council Ordinance, 1962. The learned counsel for the petitioners specifically referred to Regulation No, 6 in section IV of the Regulations to point out the alleged inconsistency between Regulation No, 6 ibid and rule 16 of the prospectus. It is jointly contended by the learned counsel for the petitioners that whereas under Regulation No, 6 ibid promotion to 3rd year M.B.,B.S. Class only is withheld if a student fails to pass all the subjects, Rule 16 of the prospectus denies promotion to the students of all classes of M.B.,B.S. To the next class if they fail in any one of the subjects of their examination of previous class.
In Petition No, 410-P of 1994, the learned counsel for the petitioner additionally contended that in view of the note appended to Regulation No,4(i) under the heading 'Regulations for Professional Examinationsthe only consequence provided is, that if a student fails in the subjects of Anatomy, Physiology and Bio-Chemistry he will not be allowed to attend the classes in the clinical group of the subject until he passes these subjects and as such withholding of promotion of such student to the next higher class is against the spirit of the regulation. It is accordingly, jointly contended by the learned counsel for the petitioners that the action of the college authorities denying promotions to the petitioners to the next higher classes of M.B.,B.S. For the reasons that they had failed in one or the other subject was illegal, without jurisdiction and discriminatory. The contentions raised by the learned counsel for the petitioners have no merit.
I will first take up the additional contention raised in Petition No, 410P/94. The learned counsel for the petitioner relied on the following regulations of PMDC to support his contention that the only effect of failure on the part of a student in the subjects of Anatomy, Physiology and Bio-chemistry is, that he is not allowed to attend the classes in the clinical group of the subject until he passes these subjects:-- "(i) The first Professional M.B.,B.S. Examination shall be held at the end of the second year in the following subject:--
(a) Anatomy and Histology 400 marks (2 papers)
(b) Physiology 400 marks (2 papers)
(c) Bio-Chemistry 200 marks (1 paper)
(d) Pakistan Studies and Islamic ideology100 marks (1 paper)
Notes.--(i) No student should be allowed to attend classes in the clinical group of subjects untill he has passed the University Examination in Anatomy, Physiology, Bio-Chemistry. The subject of Pakistan Studies and Islamic Ideology may be passed before appearing in the final M.B.,B.S. Examination. The marks of Pakistan Studies and Islamic Ideology should not be committed towards rank/division."
According to learned counsel for the petitioners the above restriction cannot be stretched to deny promotion to the next higher class. Firstly, the official copy of Regulations for the Degree of Bachelor of Medicine and Bachelor of Surgery issued by Pakistan Medical and Dental Council, Islamabad, placed before us does not contain the above-quoted regulation relied by the learned counsel for the petitioner in Petition No, 410-P of 1994. The relevant regulations of P.M.D.C. In this regard are Regulations Nos. 6 and 21 in section IV (Objective of Examination) which read as follows:-- Regulation No, (6): "No student should be promoted to 3rd year class till he/she passes the University examination in Anatomy, Physiology and Biochemistry."
Regulation No, (21):- No student can be promoted to the higher classes unless he passes all the subjects of the previous class."
6. From reading of the above regulations it is evident that Regulation No, 6 Which specifically deals with the promotion of medical students to 3rd year M.B.,B.S. Class, clearly provides that a student who fails in the subjects of Anatomy, Physiology and Bio-Chemistry will not be promoted to the 3rd year M.B.,B.S. Class unless he passes in these subjects. Regulation No, 21 ibid on the other hand provides that no student will be promoted to the next higher class unless he passes all the subject of the previous class. It is, therefore, quite clear that Regulation 6 is a special regulation dealing only with the cases of promotion of students to 3rd year M.B.,B.S. Class, while Regulation No, 21 is a general provision dealing with the promotion of student of M.B.,B.S. Generally to next higher classes.
Regulation 6 ibid, therefore, will be attracted in the cases involving promotion of students to the 3rd year M.B.,B.S. Class while all the other cases of promotion to the next M.B.,B.S classes will fall under Regulation No,
21. Therefore, under Regulation No, 6 ibid a student of 2nd year M.B.,B.S. Class who fails in the subjects of Anatomy, Physiology and Biochemistry is not entitled to promotion to 3rd year class of M.B.,B.S. Unless he/she qualifies in these subjects. Similarly, the students of 3rd and 4th year M.B.,B.S. Classes could not be promoted to the next classes of M.B.,B.S. Unless they passed all the subjects of previous classes as provided in Regulation No,21 ibid. Even on the basis of Regulation No, 4 (which is not part of the Regulations of PDMC) relied by the learned counsel for the petitioner in Petition No, 410-P/1994, it cannot be argued that the student who fails in the subjects of Anatomy, Physiology and Bio-Chemistry is entitled to promotion to 3rd year class. No doubt the note appended to Regulation No, 4(i) mentions that no student should be allowed to attend classes in the clinical group of subjects until he has passed the University examination in Anatomy, Physiology and Bio-Chemistry, it does not follow from it that he is to be promoted to the next class of M.B.,B.S. Even if he fails in these subjects. Since promotion to next class of M.B.,B.S. Are governed under Regulations Nos. 6 and 21 ibid a student who fails in the subjects of Anatomy, Physiology and Bio-Chemistry cannot claim promotion to the next class on the strength of Regulation No, 4(i) reproduced above.
7. The next contention of the learned counsel for the petitioner is that paragraph 16 of the Prospectus of Medical College of N.-W.F.P., is in conflict with the statutory regulations of PMDC. We have earlier reproduced in this judgment the provisions in the Prospectus of Medical Colleges of N.- W.F.P. As well as the relevant regulations of the PMDC. To us there appears to be no conflict between the two.
8. The last contention of the learned counsel for the petitioners is that the above provisions in the Prospectus of Medical Colleges of N.-W.F.P. Denying promotions to a failed student of M.B.,B.S. To the next class is discriminatory as in the Medical Colleges of Sindh no such rule exists and even students who fail in one or more subjects are allowed promotion to the next class. In support of their contention the learned counsel have relied on the observations made in the meeting of PMDC held on 10-11-1990 reproduced earlier. Except a bare statement by the learned counsel for the petitioners that the prospectus issued by the Medical Colleges in Sindh did not contain any provision similar to paragraph 16 of the Prospectus of Medical Colleges of N.-W.F.P., no material is placed before us to substantiate this contention. Even otherwise, we are clearly of the view that in the absence of a similar provision in the Prospectus of the Medical Colleges in Sindh, the provision contained in Regulations Nos. 6 and 21 of PMDC Regulations would be attracted. It may be mentioned here that Pakistan Medical and Dental Council (PMDC) was constituted under Ordinance XXXII of 1962 with the object of establishing a uniform minimum standard of basic and higher qualifications in medicines and dentistry. Therefore, one of its main function is to lay down minimum standard of basic and higher qualifications in medicines. In addition to various functions performed by PMDC under the Ordinance XXXII of 1962 to regulate and control the functions of medical institutions and medical practitioners, PMDC has been conferred specific powers under section 33 of the Ordinance to frame amongst other regulations prescribing minimum standard of courses of training for obtaining graduate and post-graduate medical and dental qualification, contents and duration of study for such courses, conditions for admission to training for such courses, minimum qualifications for appointments of teachers in medical and dental colleges, standard of examinations, method of conducting examination and other requirements for securing recognition of medical and dental qualifications under the Ordinance. The regulations framed by PMDC under section 33 of the Ordinance are binding on all the Medical and Dental Colleges of Pakistan. Regulations Nos. 6 and 21 ibid which have been framed under section 33 of the Ordinance, therefore, apply to all the Medical Colleges of Pakistan, irrespective of the fact whether the prospectus issued by these colleges contained a similar provision or not. We are, therefore, of the view that firstly, the petitioners failed to produce before us any material to substantiate their contention that the prospectus issued by the medical colleges in Sindh did not contain any provision similar to paragraph 16 of the Prospectus of Medical Colleges of N.-W.F.P., and secondly, the absence of such a provision in the prospectus issued by the Medical Colleges in Sindh would make no difference as in such an event the situation will be governed by Regulations Nos. 6 and 21 of the Regulations of PMDC reproduced above. We have gone through the extract of the minutes of the meeting of PMDC dated 10-11-1990 relied by the learned counsel for the petitioners and are of the view that these minutes do not show either absence of similar provision in the Prospectus of Medical Colleges in Sindh or that the college authorities in Sindh allowed promotion to failed students of M.B.,B.S. To the next higher class. As would appear from the contents of the extract of the meeting of PMDC dated 10-11-1990, the matter discussed there related to the orders passed by the High Court of Sindh on some petitions filed by the students of Medical Colleges of Sindh which has no bearing on the issues raised in the present petitions. We are, accordingly, of the view that the writ petitions were rightly dismissed by the Peshawar High Court and no case for interference is made out. The petitions are, accordingly, dismissed and leave is refused.