| Case ID |
2b70b1a8-0281-48ef-8bce-d2e58ffbc187 |
| Body |
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| Case Number |
I.C.A. No. 30 of 2020 |
| Decision Date |
Jan 12, 2021 |
| Hearing Date |
|
| Decision |
The Intra Court Appeal was dismissed. The court found that the petitioner, who had enrolled in Fatima Jinnah Dental College in 2011 and failed to clear her 1st Professional BDS exam despite multiple attempts, was not entitled to additional chances as per Regulation 11 of the MBBS and BDS Regulations. The petitioner failed to provide sufficient justification for her delayed petition and did not apply in a timely manner regarding her health issues. The principle of laches applied, preventing her from receiving relief under Article 199 of the Constitution of Pakistan. |
| Summary |
This case involves the dismissal of an intra court appeal by Reema Shamim against the Pakistan Medical Commission regarding her eligibility for further chances to appear in the BDS final examination. The court emphasized the importance of timely action and adherence to the regulations governing medical and dental education. It highlighted that the petitioner did not avail herself of the four chances provided under the relevant regulations and failed to communicate her health issues to the authorities in a timely manner. The ruling reinforces the principle of laches, indicating that delays in legal proceedings can bar relief. This case serves as a crucial reference for students facing similar challenges in medical education, focusing on regulatory compliance and timely petitioning. Keywords: medical education, dental studies, legal principles, intra court appeal, regulatory compliance. |
| Court |
Islamabad High Court
|
| Entities Involved |
Not available
|
| Judges |
AAMER FAROOQ,
TARIQ MEHMOOD,
JAHANGIRI
|
| Lawyers |
Fatima Tu Zara Butt,
Taimoor Aslam
|
| Petitioners |
REEMA SHAMIM
|
| Respondents |
PAKISTAN MEDICAL COMMISSION AND ANOTHER
|
| Citations |
2021 SLD 1282,
2021 MLD 1117
|
| Other Citations |
2016 SCMR 183,
PLD 2016 SC 872,
2019 SCMR 1720,
PLD 2016 SC 514,
Ahmed and 25 others v. Ghama and 5 others 2005 SCMR 119
|
| Laws Involved |
MBBS and BDS (Admission, House Job and Internship) Regulations, 2018
|
| Sections |
11
|