| Case ID |
22c561e0-a650-433f-9d84-09ce4f5ae8de |
| Body |
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| Case Number |
Writ Petition Nos. 379-D, 458-D of 2016, 770/D, 79 |
| Decision Date |
Feb 20, 2018 |
| Hearing Date |
|
| Decision |
The Peshawar High Court dismissed the writ petitions filed by the students of Gomal Medical College regarding their promotion to the fourth year MBBS. The court ruled that the regulations of the Pakistan Medical and Dental Council (PMDC) are binding on all medical institutions and students. The petitioners had failed to pass requisite subjects from previous classes, which was a condition for promotion as per the regulations. The court held that without clearing all subjects of previous classes, no student could be promoted to the next higher class. Therefore, the petitioners' grievances were deemed invalid, and the court declined to interfere with the decision of the college authorities. |
| Summary |
The case revolves around a group of medical students from Gomal Medical College who challenged the decision of the college administration to deny them admission to the next higher class due to their failure to pass all subjects from previous classes. The students contended that they were unfairly barred from attending fourth-year classes, despite having attended classes under a conditional order from a lower court. The Peshawar High Court, however, upheld the regulations set forth by the Pakistan Medical and Dental Council, emphasizing that no student could be promoted without clearing all subjects as required by the regulations. This case highlights the importance of adhering to educational regulations within medical institutions in Pakistan, ensuring that all students meet the necessary academic standards before progressing in their studies. The decision reinforces the authority of educational institutions in enforcing academic standards and the legal binding nature of the PMDC regulations on medical education. |
| Court |
Peshawar High Court
|
| Entities Involved |
Pakistan Medical and Dental Council,
Khyber Medical University,
GOMAL MEDICAL COLLEGE
|
| Judges |
IJAZ ANWAR,
SHAKEEL AHMAD,
ZEEST SHAH
|
| Lawyers |
Not available
|
| Petitioners |
Tahir Hussain Shah
|
| Respondents |
Kamran Hayat Khan Miankhel,
GOMAL MEDICAL COLLEGE, D.I. KHAN AND 4 OTHERS,
A.A.G.,
Salahuddin Khan Gandapur
|
| Citations |
2019 SLD 236,
2019 YLR 174
|
| Other Citations |
1990 SCMR 1282,
1998 SCMR 313,
1995 SCMR 421,
PLD 2008 Lah. 211,
2014 MLD 1691
|
| Laws Involved |
Pakistan Medical and Dental Council Ordinance (XXXII of 1962)
|
| Sections |
37
|