VICE-CHANCELLOR, KING EDWARD MEDICAL COLLEGE/UNIVERSITY, LAHORE versus NADIA RIAZ CHATHA
Clause 4 (b) in the Interim Order for Specific Relief Act (I of 1877), Articles 42 and 54 of the suit declaration and injunction is temporarily allowed not to pass the first professional MBBS examination on four occasions. The failure plaintiff was a student of MBBS and under the interim injunction through the trial, she passed her first professional examination on the fifth attempt but was eventually dismissed after the trial. The lower appellate court allowed the appeal and the trial court ruled in favor of the plaintiff presented by the plaintiff that he was discriminatory. The trial court's interlocutory order on the legality of the court act was granted and the plaintiff was allowed to appear in the examination and that too is subject to the final decision of the dispute by the court. There was no conformity to the demand for what was demanded. If the plaintiff fails the test on behalf of the plaintiff himself, the suit will automatically stand in his favor, except that after the decision on the merit, the interim injunction can only be beneficial if he / she has to appear in the examination for the fifth time. By setting up the truth, she succeeded in her suit and not the medical student who made four unsuccessful attempts to pass. In the MBBS First Professional Examination, he cannot be allowed to continue his medical education even if he has passed the test in a later order under a court interim order where he has no case on merit. ? Rejecting the decision of the amending jurisdiction, the lower appellate court approved and restored the trial court, which changed the circumstances.
Related judgments — Lahore High Court Lahore, 2012
