Law: Constitution of Pakistan, 1973

Section: 199

Constitution of Pakistan (1973)--- ----Art.199---Code of University of Karachi, R.16(2)---Constitutional petition---Educational institution---Examination of LL.M.---Re checking/re-evaluation of answer books---Petitioner who appeared in LL.M. Examination and was declared unsuccessful in two papers, applied for re-checking/re-evaluation of said two papers---Counsel for the authorities had contended that re-checking and re-evaluation of marks was contravention of University Code---University was run under the Code in order to create academic harmony in the institution with intend to avoid any disturbance in the internal assessment, so much so to protect aggrieved student on account of negligence of the institution to avoid serious allegations and foul-play-Fate of the aggrieved student could not be left on the mercy of those involved in reckless dispensation of duties---Answer sheets of the petitioner with regard to his performance and marks given would be re-evaluated and re-assessed as no alternate was available in the circumstances to meet the ends of justice for saving the interest of the petitioner---Constitutional petition was allowed with direction to the authorities to get re-examined the answer sheets of the two papers through a highly qualified person of outstanding academic curricula for re-assessment of marks strictly on the basis of merits and that papers be sent to specified retired Judge of the High Court for justice. Ms. Shakeela v. University of Peshawar PLD 2003 Pesh. 69 and Abdul Hakim Hashmi v. Federal Public Service Commission PLD 2002 SC 404 ref. THIS ORDER PASSED BY: SYED MAHMOOD ALAM RIZVI, JUSTICE---.--- Farmanullah Khan Advocate a practising lawyer at Karachi had appeared in LL.M. examination held by University of Karachi through Government Islamia Law College in the year, 2007. Result was announced on .27-11-2007, the petitioner was declared unsuccessful in two papers, (i) Comparative Study of World Constitution and human rights, (ii) Human rights. The petitioner applied for re-checking/re-evaluation of two ' papers, verbally informed by the Controller of Examination, University of Karachi that the marks in the scripts were found correct…

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