1. ' MAMOON KAZI, C.J.---The petitioner has called into question the authority of the respondents Nos.2 and 4 to take an undertaking from the petitioner to the effect that a last chance was being given to the petitioner to appear in, the First Professional M.B.,B.S. Examination. The petitioner has referred to regulations of Pakistan Medical and Dental Council, Islamabad in this regard, which allow four chances to the students who fail to clear the examination in the First Professional M.B., B.S. Examination. According to petitioner such undertaking, therefore, violates the said regulations and thus, such action, according to petitioner, is not authorised by law.
2. ' Although, it has not been denied on behalf of the respondents Nos.2 and 3, that such an undertaking was being obtained from the students by the respondent No,4, who appeared in the first year M.B., B.S. Supplementary Examination held in 1996, but the same, according to respondents, was on account of disaffiliation of Vohra Medical College (respondent No,4) by respondent No,2, which had become a non-entity for the academic purpose. The said respondent has also called in question the petitioners right to maintain the present petition, which, according to the said respondent, is not maintainable.
3. After hearing the learned counsel for the petitioner and the respondents, we have come to a conclusion that if the petitioner has any cause of action,, the same at best would be against respondent No,4, the Medical College, where the petitioner took admission. However, admittedly, the said respondent has now been disaffiliated by the respondent. No,2. But as between the petitioner and the respondent No,2, there appear to be no rights. The difficulty which the petitioner is unable to surmount is that the respondent No,4 not being a person performing functions has connection either with the affairs of the Federation or the Province of Sindh, is not amendable to the writ jurisdiction of the High Court under Article 199 of the Constitution. As far as reference by the petitioner to the regulations of Pakistan Medical and Dental Council is concerned, no doubt, the same permits a student to clear the examination in four attempts, but no vested right is created in favour of the petitioner by such regulations. Therefore, if any further conditions are imposed by the University or the College, the petitioner has no vested right to challenge the same.
4. ' In the result, we find no force in this petition and dismiss the same in limine together with Miscellaneous 3179 of 1996 which has become infructuous in view of this order.