| Case ID |
0b0cbfe4-16be-48ab-8b61-abe3d2b2f807 |
| Body |
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| Case Number |
4546-P of 2017 |
| Decision Date |
Dec 14, 2017 |
| Hearing Date |
Dec 14, 2017 |
| Decision |
The Peshawar High Court, presided over by Justices Ijaz Anwar and Yahya Afridi, carefully reviewed the constitutional writ petition filed by petitioner Mehwish Khan against Khyber Medical University (KMU). After thorough examination of the facts and relevant legal provisions, the court upheld the decision to cancel the petitioner's registration based on her failure to clear the MBBS examinations within the stipulated four attempts as per the Pakistan Medical and Dental Council (PMDC) Regulations. Citing established precedents from higher courts, the judiciary concluded that the petitioner had no legal grounds to challenge the university's authority in this matter. Consequently, the High Court dismissed the constitutional petition, affirming the regulatory framework governing medical education in Pakistan. |
| Summary |
In the landmark case of Mehwish Khan versus Khyber Medical University (KMU), adjudicated by the Peshawar High Court on December 14, 2017, the petitioner, Mehwish Khan, challenged the cancellation of her MBBS registration by KMU. The crux of the dispute centered around Khan's inability to pass her professional examinations within the permitted four attempts, as mandated by the Pakistan Medical and Dental Council (PMDC) Regulations. Khan argued that despite her repeated efforts, the cancellation of her registration was unjust, especially considering the significant financial investment she had made in her education. She sought the reinstatement of her registration, allowing her to appear for a fourth professional MBBS viva/practical examination, and ultimately the issuance of a DMC to recognize her as a regular student.
The High Court, under the guidance of Justices Ijaz Anwar and Yahya Afridi, meticulously reviewed the legal frameworks governing medical education in Pakistan. The court referenced several precedents, including cases like Munaza Habib v. Vice Chancellor and Akhtar Ali Javed v. Principal Qaid-i-Azam Medical College, which reinforced the stance that institutions are within their rights to enforce examination regulations strictly. The PMDC's Regulation 4(ii) was pivotal in this judgment, clearly stating that failure to clear the first professional MBBS examination within four attempts disqualifies a student from further medical or dental education in Pakistan.
Khan's legal representation, led by Mansoor Tariq, contended that the cancellation was a severe setback, especially at a stage where she was nearing the completion of her degree. They highlighted the emotional and financial strains imposed by the university's decision. However, the court remained steadfast, emphasizing the importance of regulatory compliance in maintaining the standards of medical education. The judiciary underscored that while the student's aspirations are commendable, they must align with established educational protocols to ensure the integrity and quality of medical professionals in the country.
The dismissal of Khan's petition reinforces the precedent that educational institutions hold the authority to implement and uphold examination regulations without external interference, provided they operate within the legal frameworks. This decision serves as a crucial reference for future cases involving academic regulations and student evaluations, emphasizing the balance between individual aspirations and institutional mandates. For prospective medical students and legal professionals, this case underscores the significance of understanding and adhering to regulatory guidelines to navigate the complexities of academic evaluations and institutional policies effectively.
Moreover, the judgment highlights the judiciary's role in mediating conflicts between individual rights and institutional policies, ensuring that educational standards are maintained without compromising the fairness and legality of administrative decisions. As the medical education sector continues to evolve, cases like Mehwish Khan v. Khyber Medical University will undoubtedly shape the discourse around student rights, institutional responsibilities, and the overarching legal frameworks that govern academic institutions in Pakistan. This ruling not only impacts current students but also sets a legal benchmark for future academic adjudications, promoting a structured and legally compliant educational environment. |
| Court |
Peshawar High Court
|
| Entities Involved |
KHYBER MEDICAL UNIVERSITY (KMU),
MEHWISH KHAN,
Muhammad Fakhr-e-Alam Jhagra
|
| Judges |
IJAZ ANWAR,
YAHYA AFRIDI
|
| Lawyers |
Mansoor Tariq
|
| Petitioners |
MEHWISH KHAN
|
| Respondents |
KHYBER MEDICAL UNIVERSITY (KMU) THROUGH Muhammad Fakhr-e-Alam Jhagra for Petitioner
|
| Citations |
2018 SLD 1297,
2018 MLD 996
|
| Other Citations |
Munaza Habib and others v. The Vice Chancellor and others 1996 SCMR 1790,
Akhtar Ali Javed v. Principal Qaid-i-Azam Medical College Bahawalpur 1994 SCMR 532,
Syed Mufeed Shah and another v. Principal Khyber Medical College, Peshawar and others 2006 SCMR 1076,
Maroof Khan v. Principal Ayub Medical College, Abbottabad 1996 SCMR 1101,
Lubna Hameed v. Controller of Examination Khyber Medical University 2017 MLD 102,
Shakir Ullah Khan and another v. Khyber Medical University through Registrar and another 2015 YLR 2488 fol
|
| Laws Involved |
Pakistan Medical and Dental Council Regulations
|
| Sections |
4(ii)
|