The Supreme Court in Pakistan has ruled that the judiciary cannot grant relief that goes against the law or create rights for a litigant that they do not have under the law. This decision came in response to an appeal filed by medical students who had become ineligible to continue their studies after failing their professional exams multiple times. The court stated that while citizens have the right to choose a profession, this right is not absolute. The court explained that the affairs of medical institutions and the eligibility of students are regulated by the Pakistan Medical and Dental Council (PM&DC). According to the PM&DC, students who fail to pass their exams in four attempts are no longer eligible to continue their studies. These regulations are binding on all recognized medical institutions, including the Khyber Medical University (KMU), where the students were enrolled. The students had previously obtained injunctions from civil courts allowing them to retake their exams and continue their studies, but the KMU subsequently cancelled their registrations. The court emphasized that courts should exercise restraint in matters relating to educational institutions, and that compassion cannot override the relevant laws. Therefore, the court dismissed the appeal and affirmed that the petitioners had become ineligible to pursue their studies after failing their exams four times.
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