ORDER SHEET
IN THE HIGH COURT OF SINDH, KARACHI
C.P.Nos.D-6535/2014,
6448/2014 & 569/2015
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Order with signature of Judge
Present: Mr.Justice Muhammad Ali Mazhar
Mr.Justice Shaukat Ali Memon
C.P.No.D-6535/2014
1.For orders on Misc.No.716/2015
2.For orders on office objection
3.For katcha peshi
4.For hearing of Misc.No.33814/2014
C.P.No.D-6448/2014
1.For orders on office objection.
2.For katcha peshi
3.For hearing of Misc.No.33120/2014
C.P.No.D-569/2015
1.For katcha peshi.
2.For hearing of Misc.No.2429/2015
26.02.2015
Mrs.Saify Ali Khan, Advocate for the Petitioners in C.P.No.D-6535/2014
Mr.Dilawar Hussain, Advocate for the Petitioners in C.P.No.D-569/2015 and C.P.No.D-6448/2014.
Syed Mehmood Alam Rizvi, Advocate for respondent No.1
Mr.Asif Mukhtiar, Director Legal, Karachi University.
Professor Syed Hussain Mehdi, Head of Department of Jinnah Medical and Dental College.
Dr.Mohammad Arif, Head of Department of Liaquat College of Medicine and Dentistry
Dr.Rufina Soomro, Head of Department of Liaquat National Hospital and Medical College.
Mr.Zaheer Moin, Secretary/Registrar, of Sir Syed Medical College.
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Muhammad Ali Mazhar,J. This common order will dispose of the aforesaid constitution petitions.
2. The grievance of the petitioners in one voice is that they have appeared in the MBBS final examinations held in 2014. The petitioners shocked to see the question paper of Surgery as it was vague, out of syllabus and not in accordance with the “Table of Specification” given by the Karachi University. They also approached to their head of departments and discussed this anomaly that due to out of syllabus or out of table of specification paper they have failed in the Surgery Theory of MBBS Final Examination of 2014 (Paper I and II). The Karachi University has filed the comments. Vide Order dated 20.1.2015 the respondent Nos.1 to 4 were directed to convene a meeting to decide the issue in view of the complaint submitted by Head of Departments of four Medical Colleges, who are also respondents in this case. Further mechanism of holding of meeting was also specified in the order so that the Head of Departments may be summoned in the meeting for resolving the issue and conveying their point of view.
3. Counsel for the respondent Nos.1 to 4 submitted a statement on 18.2.2015 along with copy of minutes of meeting held under the Chairmanship of Controller of Examinations of Karachi University on 16.2.2015. In the meeting various options were discussed by the participants for finalizing the issue. All the participants accepted the suggestion No.2 which is reproduced as under:-
“Suggestion No.2 Controller of Examination put up more simple and practicable than suggestion-I that within 10 to 15 days a Special Examination may be conducted for affected students, just for the saving of their previous time. If any candidate fails in Special exam too then another chance will remain stand to appear in next commencing Supplementary Examination.”
4. In the above meeting it was unanimously resolved that the suggestion No.2 is more feasible to achieve the task of students’ benefit. The minutes were also signed by all Head of Departments of Medical Colleges and the Controller of Examination of Karachi University.
5. By consent the aforesaid petitions are disposed of as under:-
(a) All the learned counsel, Head of Departments of Medical Colleges and Director Legal of Karachi University agreed that Controller of Examination of Karachi University will announce the date of Special Examination in accordance with suggestion No.2. The date for holding Special Examination shall be within fifteen days from today.
(b) The Director Legal, Karachi University has agreed that he will request to the Controller of Examination Karachi University to announce the schedule of Surgery Theory of MBBS Final Examination 2014 (Paper I and II), so that the examination may be conducted positively within 15 days from today.
(c) All unsuccessful students of Jinnah Medical and Dental College (JMDC), Liaquat College of Medicine and Dentistry (LCMD), Liaquat National Medical College (LNMC), Sir Syed Medical College (SSMC) and KMDC shall be allowed to appear in the special examination on the strength of their previous admit cards. The Head of Departments of the respective medical colleges will submit a list to the Controller of Examination, Karachi University within three days of those students who are keen to appear in special examination.
(d) After receiving the answer sheets/copies from the concerned examiners the Karachi University shall announce the result within next 15 days.
(e) It is further agreed that the paper of Surgery Theory of MBBS Final Examination 2014 (Paper I and II) for special examination will be set in accordance with prescribed rules and procedure.
(f) The Jinnah Medical and Dental College (JMDC), Liaquat College of Medicine and Dentistry (LCMD), Liaquat National Medical College (LNMC), Sir Syed Medical College (SSMC) and KMDC shall refund the fees deposited by the students for appearing in the supplementary examination of Surgery Theory of MBBS Final Examination 2014 (Paper I and II) within ten days.
The aforesaid petitions are disposed of in the above terms along with listed applications.
Judge
Judge