| Case ID |
0016d7f5-857b-43e8-a31c-ca609bc810a1 |
| Body |
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| Case Number |
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| Decision Date |
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| Hearing Date |
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| Decision |
The Sindh High Court ruled that students who failed to clear the First Professional M.B.B.S. Examination in four chances, whether availed or unavailed, could still be eligible for further medical education if they could demonstrate that their inability to avail the chances was due to unavoidable circumstances, such as illness. The court emphasized that the regulation should not be interpreted to penalize students for situations beyond their control. The respondents agreed to provide petitioners with one additional chance to take the examination, and all parties would abide by the result of this chance. |
| Summary |
In a significant ruling by the Sindh High Court, the case centered around the interpretation of the Pakistan Medical and Dental Council Regulations, specifically Regulation 4(1), Note (ii). The court addressed the eligibility of medical students who failed to clear their First Professional M.B.B.S. Examination within the allotted four chances. The court found that if a student could prove that their failure to avail themselves of these chances was due to unavoidable circumstances, such as serious illness, they should not be disqualified from further medical education. This ruling is crucial as it highlights the importance of considering individual circumstances in educational regulations, ensuring that penal provisions do not unjustly affect students. The court's decision allows for an additional examination opportunity for the petitioners, demonstrating a commitment to fairness and justice in educational settings. This case underscores the need for educational institutions to recognize and accommodate students facing genuine hardships, reinforcing the principle that regulations should not be applied rigidly when circumstances warrant flexibility. |
| Court |
Sindh High Court
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| Entities Involved |
Not available
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| Judges |
WAJIHUDDIN AHMED,
MUHAMMAD ASLAM ARAIN
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| Lawyers |
Sami-ud-Din Sami,
Abdul Hakim H. Bijarani,
S. Mehmoodul Hassan,
Obaidur Rehman
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| Petitioners |
ZUBAIR ISHTIAQ QURESHI
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| Respondents |
THE CHAIRMAN OF ACADEMIC COUNCIL,
PRINCIPAL OF SINDH MEDICAL COLLEGE,
Abdul Hakim H. Bijarani,
S. Mehmoodul Hassan,
Obaidur Rehman
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| Citations |
1993 SLD 774 = 1993 CLC 1675
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| Other Citations |
Asim Siddique v. Principal, A.M. College PLD 1992 Pesh. 52
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| Laws Involved |
Pakistan Medical and Dental Council Regulations, 1965,
Constitution of Pakistan (1973)
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| Sections |
Regln. 4(1),
Art. 199
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