Law:

Section:

(a) Pakistan College of Physicians and Surgeons Ordinance (XX of 1962)-- ----S. 9---Constitution of Pakistan (1973), Art. 199---Constitutional petition---Principles of natural justice---Applicability--Failure to inform candidates regarding increase in pass percentage ---Examination Committee increased the pass percentage from 50% to 55% but the said increase was neither shown in the prospectus nor the candidates were informed about the same---Affected candidates were declared unsuccessful---Decision of Examination Committee was assailed before Wafaqi Mohtasib, who set it aside and declared the candidates as successful---Plea raised by the Authorities was that it was their prerogative to increase the pass percentage and they were not bound to inform the candidates regarding such change and that failure to mention the change in pass percentage was on the part of the persons who printed the prospectus---Validity---Authorities had the power to modify, amend or alter any of the existing provisions relating to admissions, conduct of examinations, pass percentage and other allied and connected matters or to introduce new rules and regulations provisions for imparting studies and conducting examinations but principles of natural justice required that such modifications, amendments, or alterations and/or introduction of new rules and policies should have been brought to the notice of the candidates who were to appear in the examination---Omission on the part of the persons responsible for printing of prospectus would not absolve the Authorities of their obligation to inform the candidates appearing in the examination regarding increase in pass percentage---High Court in exercise of Constitutional jurisdiction declined to interfere in the order, passed by Wafaqi Mohtasib---Constitutional petition was dismissed in circumstances. Nazeer Ahmad v. Wafaqi Mohtasib and others C.P. No.D-2155 of 1995; Hussain Bakhsh v. Settlement Commissioner, Rawalpindi and Others PLD 1970 SC 1; Engineer-in-Chief Branch through Ministry of Defence, Rawalpindi and another v. Jalaluddin PLD 1992 SC 207 and Abdul Haque Indhar and others v. Province of Sindh through Secretary Forest, Fisheries and…

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