1. ' SAIDUZZAMAN SIDDIQUI, J.---The petitioner is seeking leave to appeal against the judgment of learned Acting Chief Justice of Peshawar High Court dated 7-6-1995 whereby learned Chief Justice dismissed a review petition filed by the petitioner seeking review of the order passed by the learned Chief Justice of Peshawar High Court on 2-10-1994 dismissing the Civil Revision Application No,566 of 1994.
2. ' The relevant facts of the case are that the petitioner applied for admission to the first year M.B.,B.S. Class in Khyber Medical College (KMC), Peshawar on the basis of her result of annual examination of Board of Intermediate and Secondary Education (BISC) held in the year 1991 (premedical).
3. Alongwith her admission form, the petitioner submitted her detailed marks sheet showing that she secured 791 marks out of 1100 marks. The petitioner was admitted to the first year M.B.,B.S. Class on the basis of detail marks sheet submitted by her alongwith her admission form. On 19-6-1993 while the petitioner was studying in second year M.B.,B.S. Class and was about to appear in the first professional examination in August 1993, she was served with a show-cause notice by the College Authorities alleging that at the time she obtained admission in the first year M.B.,B.S. Class, she had submitted false detailed marks sheet and obtained admission on the basis of forged document.
4. The petitioner submitted her reply to the notice but it appears that the College authorities did not accept her explanation and cancelled her admission besides imposing a penalty of rupees one lac. The petitioner simultaneously also filed a civil suit against issuance of show-cause notice and along with the suit filed an application for temporary injunction on which she was able to obtain an order of status quo dated 4-7-1993. The ad interim status quo granted by the Civil Judge was subsequently vacated by the Civil Judge by order dated 27-7-1993. Against the order of the Civil Judge vacating ad interim stay, the petitioner preferred. An appeal before the District Judge, Peshawar, and in that case she filed a miscellaneous application for ad interim relief. It is stated by the learned counsel for the petitioner that on the date the appeal was filed before the District Judge, no Presiding Officer was present and therefore, at the insistence of the petitioner's counsel, Civil Miscellaneous Application filed in the appeal for grant of temporary injunction was placed before the learned Acting Chief Justice of Peshawar High Court on which following order was passed:-- "8-8-1993 Civil Miscellaneous Application No,9 of 1993. Present: Qazi M. Anwar, Advocate, for the Petitioner.
5. ' This is an application for granting interim relief for appearing in the examination commencing on the 21st of August, 1993. After going through the order of Civil Judge, Peshawar dated 27-7-1993 this Court would not favour this petition and it is hereby dismissed."
6. ' Against the order of learned Chief Justice dated 8-8-1993 dismissing Civil Miscellaneous Application No,9 of 1993, a petition for leave to appeal was presented in this Court (C.P. No,211-P of 1993) on which an interim order was passed on 5-9-1993 to the following effect:-- "Dated: 5-9-1993. ORDER Mr. Abdul Karim Kundi ' Subject to notice, and subject to production of Board's letter about correct marks by the respondent college the order of the respondent cancelling the admission is put under suspension, allowing thereby the petitioner to take up her first Professional Examination.
7. (Sd.) Shafiur Rehman, Judge."
8. ' In pursuance of the above order of this Court the petitioner appeared in the first professional examination of M.B.,B.S.. Subsequently, on 12-10-1993, original record from the B.I.S.E., Peshawar was summoned by this Court in Civil Petition No,211-P of 1993 relating to the marks sheet of the petitioner which she produced before the College authorities at the time of seeking admission in the first year M.B.,B.S. Class. On 20-10-1993 Mr. Ijaz Muhammad Siddiqui, Administrative Officer of B.I.S.E., Peshawar appeared before this Court along with original record and his statement on oath was recorded. According to the record produced by this witness in Court, the petitioner had obtained only 691 marks in all in the examination of F.Sc. (premedical Group 1991). After recording evidence of the witness summoned from the B.I.S.E.,. Peshawar following order was passed by this Court in the petition (C.P. No,211-P of 1993) filed by the petitioner in this Court:-- "Pursuant to our order dated 12-10-1993 Mr. Ijaz Muhammad Siddiqui, Administrative Officer of the Board of Intermediate and Secondary Education, Peshawar appeared and his statement has been recorded on solemn affirmation by reference to the original record which he had brought.
2. The learned counsel representing the petitioners (Mr. Abdul Karim Kundi, Advocate) is not in attendance in spite of an actual date having been given nor is there any formal application explaining his absence. Mr. Abdul Hamid Qureshi, Advocate-onRecord is however present to state that he was indisposed. He is allowed to see the record and cross-examine the witness.
3. In view of the record examined by us the interim order passed on 5-9-1993 in Civil Petition for Leave to Appeal No,211-P of 1993, order dated 20-9-1993 passed in Civil Petition for Leave to. Appeal No,220-P of 1993 and the order dated 22-9-1993 passed in Civil Petition for Leave to Appeal No,223- P of 1993 are recalled.
4. To come up for further proceedings in the light of orders already passed on 12-10-1993."
9. ' The above petition filed by the petitioner was ultimately withdrawn by the petitioner on 29-11-1993.
10. It appears that after the dismissal of the petition for leave to appeal filed in this Court by the petitioner, she pursued her appeal which she had filed against the order of Civil Judge dated 27-7- 1993 before the District Judge, Peshawar. The District Judge, Peshawar, dismissed the appeal of the petitioner on 28-6-1994 and against the order of District Judge dismissing appeal, the petitioner preferred Civil Revision Application No,566 of 1994 which was also dismissed by the learned Chief Justice of Peshawar High Court on 2-10-1994. After dismissal of Civil Revision Application the petitioner submitted a review petition before the Peshawar High Court which has been dismissed by the impugned judgment.
11. ' In support of the petition, the learned counsel for the petitioner contended that the petitioner has already studied for about five years in M.B.,B.S. Classes and she is now due to appear in the 3rd professional examination of M.B.,B.S. Which is being held on 21-3-1996 and therefore, she may be allowed to appear in the said examination as otherwise her whole career will be spoiled. The learned counsel further contended that the order passed by the learned Chief Justice of Peshawar High Court dismissing Civil Revision Application No,566 of 1994 by judgment dated 2-10-1994 was in conflict with the judgment of the Division Bench of the same Court passed in the case of Miss Aniqa Jalal v. Principal A.M.C. And another and as such the said judgment was required to be reviewed.
12. After hearing the learned counsel for the petitioner at length, we are of the view that no case for interference with the order of High Court is made out.
13. From the material on record before us it is quite clear that the initial admission of the petitioner in the first year M.B.,B.S. Class was based on a document which was form' and as such the Courts below rightly refused to grant any interim relief to the petitioner during pendency of the suit. It is unfortunate that in spite of the fact that the petitioner was denied interim relief by the Court of Civil Judge, she managed to obtain orders from time to time and, thus, was able to continue her studies for about four years on the basis of orders, passed by the Courts from time to time. However, it must be clarified here that this period of study by the petitioner on the basis of orders passed by the Courts, could not regularize or legalize her initial admission in M.B.,B.S. Class if the document on the basis of which she obtained admission in M.B.,B.S. Class was found to be forged or fictitious. The fact that the petitioner was able to continue her studies for about four/five years in the M.B.,B.S. Class, could not be a justification for granting any order of interim nature for the purpose of allowing her to appear in 3rd Professional M.B.,B.S. Examination due to be commenced from 21-3- 1996. The petitioner having persued her studies on the basis of a document which was forged and fictitious, she herself is to be blamed for the consequences. There is no merit in this petition which is accordingly dismissed.