By virtue of this Single Order Writ Petitions Nos.5464/93, 731/94, 794/94, 914/94, 1164/94, 1406/94, 1690/94, 1711/94, 1712/94, 1814/94, 2558/94, 3660/94 and 886/96 having identical questions of law and facts stand disposed of.
2. The petitioners are students of different, M.B.,B.S. Professional classes. They have challenged the action of the Controller of Examination and the Principal, Nishtar Medical College, Multan whereby they were detained in 'previous classes; being without lawful authority and based on mala fides.
Their submission is that no student can be detained who has, failed in minor subjects, he is always given a chance to appear in the examination and join the next class. They also challenged the amended rules in this behalf for their detention in the previous class being prospective in nature and cannot deprive the petitioners retrospectively. They placed reliance on Shahnaz Maqbool v.
Province of Sindh and another (PLD 1979 SC 32), Ishtiaqur Rehman v. The Chancellor, N.-W.F.P.
University of Engineering and Technology, Peshawar etc. (1989 CLC 1303), Nadeem Khan v. Board of Intermediate and Secondary Education, Peshawar (PLD 1993 SC 397) and Miss Uzma Rashid etc. v.
Vice-Chancellor, University of Punjab, Lahore and another (PLD 1993 SC 424).
3. Learned counsel for the respondents submitted that the petitioners were given admissions under the prospectus for the year 1990.And according to the Rules and Regulations governing M.B.B.S. Students. According to the Calendar of the University of the Punjab a student of third professional examination is entitled to appear if he has passed first academic year previously the Second Professional M.B.,B.S. Examination. If any student who has not passed previously the Second Professional Examination was not entitled to appear in the third Professional M.B.,B.S. Examination because they have not passed the first academic year previously the Second Professional M.B.,B.S. Examination. It was further contended that the Syndicate of the University through Notification dated 4-5-1988 as provided under rule 3 that a candidate who passes in one of the two subjects, but fails in the examination may be given exemption from appearing in that subject in a subsequent examination. Such a candidate may be provisionally allowed to join second Professional M.B.,B.S. Class but shall not take the examination till he has previously passed the First Professional M.$.B.S. Class examination and if he fails to pass the First Professional in the Supplementary Examination, his provisional admission to the second Professional Class shall stand automatically cancelled and he shall revert to First Professional Class. He has relied on unreported judgment dated 19-12-1994 passed in C.P. Nos.244-P/94 to 253-P/94 where the Hon'ble Supreme Court has maintained the judgments of the High Court dismissing such nature of writ petitions. He has further relied on Muhammad Ijaz Alain v. Controller of Examinations, Punjab University (PLD 1979 Lahore 1130) where emphasis was given on the compliance of the rules regarding the Professional M.B.,B.S. Examinations.
4. Learned counsel for respondent No.4 relied on the regulations for the Degree of Bachelor of Medicine and Bachelor of Surgery (M.B.,B.S.) which were made in exercise of powers conferred under section 33(2) of the Pakistan Medical and Dental 'Council Ordinance, 1962. The relevant regulations of P.M.D.C. In this regard are Regulations Nos.6 and 21 in Section IV (Objective of Examinations) 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 Bio-Chemistry.
Regulation No.21: No student can be promoted to the higher classes unless he passes all the subjects of the previous class.
5. I have heard learned counsel for the parties, carefully perused the Rules and Regulations regarding M.B.,B.S. Examinations and also the judgments of the Hon'ble Supreme Court in this behalf. The questions to be determined in these writ petitions are whether the Rules and Regulations governing the degree of M.B.,B.S. Shall apply mutatis mutandis, if so, then the prescribed syllabi and the outlines of test and status of M.B.,B.S. Examination duly notified to the students of various classes becomes mandatory. If answer is 'yes' then there is no force in the instant writ petitions which are liable to be dismissed. Whenever a student takes admission in an institution he is always given prospectus carrying rules and regulations governing his whole career in the institution, and also examinations, syllabi and outlines of test etc. These rules and regulations are supposed to be in the knowledge of a student who pays certain amount and buys the Prospectus from the College and in a way becomes impliedly consenting to the rules and regulations governing the provisional examinations and such rules and regulations ate sacrosanct and carry force of law. Regulation No.(6) provides that no student should be promoted to 3rd year class till he/she passes the University examination in Anatomy, Physiology and Bio-Chemistry.
Regulation No.7 is also clear that any student who fails to clear first professional M.B.,B.S. Examination in four chances availed or unavailed after becoming eligible for the examination shall cease to be eligible for further medical education in Pakistan. Regulation (21) also provides that no student can be promoted to the higher classes unless he passes all the subjects of the previous class.
6. Besides the above rules, the regulations relating to the provisional professional rules as amended by the Chancellor's Committee in its meeting held on 25-7-1985 are as under:-- Regulation 3;.
A candidate who passes in one of the two subjects, but fails in the examination may be given exemption from appearing in that subject, in a subsequent examination.
A candidate who submits admission forms to appear in the examination but absents himself or fails in the First Annual Examination may be provisionally allowed to sit in the second professional M.B.,B.S. Class but shall not take the examination till he has previously passed the First Professional Examination. In case he fails to pass the first professional examination in -the second Annual Examination, his provisional permission to the Second Professional Class shall stand automatically cancelled and he shall revert to First Professional Class. "
A candidate who fails in the subject of Islamic Studies/Ethics and Pakistan Studies may be promoted to next higher class but shall not be issued degree till he has passed in this subject.
A candidate who passes in one of the two subjects, but fails in the examination may be given exemption from appearing in that subject, in a subsequent examination. Such a candidate may be provisionally allowed to join the 3rd Professional M.B.,B.S. Class but shall not take the examination till he has previously passed the 2nd Professional Examination. In case he fails to pass the 2nd Professional in the Supplementary Examination his provisional admission to the 3rd Professional Class shall stand automatically cancelled and he shall revert to 2nd Professional Class.
A candidate who passes in one of the two subjects but fails in the examination may be given exemption from appearing in that subject in a subsequent examination.
A candidate who submits his admission form to appear in the examination but absents himself or fails in the 1st Annual Examination may be provisionally allowed to join the Final Professional M.B.,B,S. Class but shall not take the examination till he has previously passed the 3rd Professional Examination. In case he fails to pass the 3rd Professional Examination in the 2nd Annual Examination his provisional promotion to Final Professional Class shall stand automatically cancelled and he shall revert to 3rd Professional Class..
7. The aforesaid rules governing the uniform standard of course of basic and higher training, examination, graduation in medicine and standard of training and rules and regulations governing the examination of the graduate or post-graduate medical qualifications and the duration of courses and the status for the degree of M.B.,B.S., are mandatory in nature and ought to be complied with, therefore, these rules are binding in nature and the Courts of equity cannot interfere and upset the whole structure regulating the uniform standard of education of an Institution.
8. Learned counsel for the petitioners at this stage has submitted that many of the petitioners have now under the orders of this Court qualified M.B.,B.S. And most of other petitioners have passed the examination but now the question arises that what will be the status of the petitioners who were allowed to sit provisionally in the examination by the orders of this Court. At this juncture the representative appearing on behalf of the Principal, Nishtar Medical College, Multan volunteered that he wants to make a statement as he has authority from the Principal to make a statement on his behalf that the Principal, Nishtar Medical College is ready to accept academic positions of all the writ petitioners obtained under the orders of this Court irrespective of the result of the instant writ petitions and he has no objection if the same are disposed of in view of his statement. He further submitted that the College authorities are to accept the petitioners who have already qualified M.B.,B.S. Final examination and are doing house job and the writ petitioners who have qualified different professional examinations shall be allowed to continue as regular students of those classes. He has also given a detailed history of all the writ petitioners. According to his statement in W.P. No.3660/94 (Muhammad Almas Qadir v. Pakistan Medical Council etc.) the petitioner is in Final Professional M.B.,B.S. First Annual Examination, 1995; result is awaited and if he passes this examination he shall be allowed to provisionally sit in the next examination. In W.P.
No.794/94 (Miss Rizwana Naz and another v. Pakistan Medical Council etc.) the petitioners have passed Final Examination and are doing house jobs, they shall be accepted as such. In W.P.
No.914/94 (Amjad Iqbal v. Pakistan Medical Council etc.) the petitioner has passed the Final Examination and doing house job and he shall also be accepted as such. In W.P. No.1690/94 (Hafiz Khubaib Ahmad v. Pakistan Medical Council etc.) the petitioner is a student of old final year and he will be allowed to proceed in the old final year. In W.P. No.886 of 1996 "Muhammad Saleem etc. v..
Bahauddin Zakariya University etc.", all the petitioners have failed in annual and supplementary examination of 1st Professional M.B.,B.S. Examination, 1995 and are appearing in the 1st Professional M.B.,B.S. Examination, 1996, therefore, they will be allowed to proceed on from the 1st Professional M.B.,B.S. Examination onward if they pass the same according to rules and regulations. In W.P.
No.1711/94 "Muhammad Naeem Khan v. Pakistan Medical Council etc.), the petitioner has passed the final examination and doing house job and shall be accepted as such by the respondent. In W.P. No.1712 of 1994 (Muhammad Riaz v. Pakistan Medical Council etc.), the petitioner has passed the final examination and doing house job and he shall be accepted as such by the respondent. In W. P. No. 1164 of 1994 (Syed Faiz Rasool v. Pakistan Medical Council etc.), the petitioner has passed the final professional examination and doing house job and shall be accepted as such. The petitioners in W.P. No.1814 of 1995 are students of old final year and shall proceed on according to rules and regulations. In W.P. No. 1406 of 1994 (Zafar A.I Malik v. Pakistan Medical Council etc.) the petitioner is a student of 4th year and shall be allowed to proceed on according to the rules and regulations. In W.P. No.5464 of 1993 (Imtiaz Aleem v. Pakistan Medical Council etc.) the petitioner is a student of 4th year class and shall be allowed to proceed on according to the rules and regulations.
9. All these writ petitions having no force of law stand disposed of in view of the above undertaking given on behalf of the Principal, Nishtar Medical College, Multan by the representative having the authority to make such a statement.
10. There shall be no order as to costs.