| Case ID |
2c1a1d4e-9842-430b-8b5d-51f78e8254bb |
| Body |
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| Case Number |
Civ. Rev. No. 43-A of 2014 |
| Decision Date |
Mar 28, 2014 |
| Hearing Date |
Jan 28, 2014 |
| Decision |
The court decided to allow the revision petition filed by the Principal Frontier Medical College against the judgment/order dated 22-2-2014. It was concluded that the respondent, who had failed in the 3rd year examination and had attendance below the required 75%, could not be permitted to attend the 4th year classes. The judgment emphasized that the regulations of the Pakistan Medical and Dental Council must be adhered to, and allowing the respondent to attend classes would open a Pandora's box of complications. The court set aside the previous orders as they were against the law and regulations, emphasizing the importance of maintaining academic standards. |
| Summary |
In this case, the Peshawar High Court addressed the petition filed by the Principal Frontier Medical College regarding the status of a student, Alam Zeb, who had failed in his 3rd year MBBS examination. The student sought a declaration to be recognized as a bona fide 4th-year student and requested permission to attend 4th-year classes. The trial court had allowed the student to attend classes based on a status quo order. However, upon review, the appellate court found that the main suit had become infructuous, leading to further appeals and petitions. The court ultimately ruled that the student, having failed the required examination and lacking the necessary attendance, could not be promoted to the next higher class. The judgment reiterated the importance of compliance with the Pakistan Medical and Dental Council regulations concerning student promotion and examination eligibility. The decision highlighted the necessity of interpreting such regulations pragmatically to uphold educational standards and prevent setting a precedent that could undermine the integrity of academic institutions. |
| Court |
Peshawar High Court
|
| Entities Involved |
Pakistan Medical and Dental Council
|
| Judges |
WAQAR AHMAD SETH
|
| Lawyers |
Fawad Saleem,
Shafiq ur Rehman
|
| Petitioners |
PRINCIPAL FRONTIER MEDICAL COLLEGE
|
| Respondents |
ALAM ZEB AND OTHERS
|
| Citations |
2014 SLD 698,
2014 MLD 1691
|
| Other Citations |
1990 SCMR 1282,
1998 SCMR 313,
1995 SCMR 121,
PLD 2008 Lah. 2011
|
| Laws Involved |
Specific Relief Act, 1877,
Civil Procedure Code (V of 1908)
|
| Sections |
42,
1,
2
|