Peshawar High Court Grants Relief to MBBS Students

KMU Directed to Issue Roll Number Slips | Education Law Pakistan

In a significant development in education law in Pakistan, the Peshawar High Court (PHC) granted relief to four final year MBBS students of Rehman Medical College, Peshawar, who were barred from appearing in their professional examinations due to alleged shortage of attendance. The case, titled Syeda Rubab & Others vs. Rehman Medical College & Others, was heard by a bench comprising Justice Sahibzada Asadullah and Justice Dr. Khurshid Iqbal. The petitioners approached the Court against what was termed as discriminatory and arbitrary enforcement of the mandatory 75% attendance rule, submitting that although 14 students were declared short of attendance, 7 similarly placed students had already been allowed to sit in examinations, clearly demonstrating unequal treatment and violation of Article 25 of the Constitution of Pakistan, which guarantees equality before law.

Appearing on behalf of the petitioners, Saifullah Muhib Kakakhel, Advocate Supreme Court of Pakistan, argued that the college administration acted in a selective and biased manner by ignoring electives performed by the students in recognized hospitals, which should have been counted towards attendance. It was further submitted that the petitioners were academically competent and hardworking students, some of whom had appeared in the United States Medical Licensing Examination (USMLE) and achieved high scores, reflecting their merit and capability at an international level. Despite this, they were issued notices and restrained from appearing in the final year MBBS examinations. The Court was also informed about instances indicating mala fide actions, including allegations that one student was marked absent on non-academic grounds, highlighting the presence of bias, personal grudges, and lack of transparency in the decision-making process of the institution.

After hearing the detailed arguments, the Honourable Peshawar High Court was pleased to direct Khyber Medical University (KMU) to issue roll number slips and allow the petitioners to appear in the examinations. The decision is a strong reaffirmation of the principle that educational institutions are bound to act fairly, transparently, and without discrimination, and that rules cannot be applied selectively to the detriment of certain students. This judgment serves as an important precedent for students across Pakistan facing issues related to attendance shortages, MBBS examinations, KMU regulations, and arbitrary actions by colleges and universities, reinforcing the availability of constitutional remedies through writ petitions before the High Courts.

The case further highlights the growing role of judicial oversight in ensuring accountability of academic institutions and protection of student rights, particularly where administrative actions directly affect academic careers and professional futures. Saifullah Muhib Kakakhel, Advocate Supreme Court of Pakistan, is widely recognized for handling complex education law and constitutional matters, including university disputes, student rights cases, and writ petitions before the Peshawar High Court, providing effective legal remedies to students facing unlawful academic restrictions in Peshawar, Islamabad, and across Pakistan.