| Citation(s) |
|---|
| 2015 SLG 1198 2015 SLD 1198 2015 PLJ 554 |
Supreme Court of Pakistan
C.A. No. 663 of 2008, decision Dated: 30.12.2014. Hearing Date : 10.12.2014.
IJAZ AHMED CHAUDHRY, JUSTICE, DOST MUHAMMAD KHAN, JUSTICE, QAZI FAEZ ISA, JUSTICE
Mian Abdul Qaddous, ASC along with Mr. Shehzad Ahmed, Deputy Controller Exams for
C.A. No. 663 of 2008, decision Dated: 30.12.2014. Hearing Date : 10.12.2014.
IJAZ AHMED CHAUDHRY, JUSTICE, DOST MUHAMMAD KHAN, JUSTICE, QAZI FAEZ ISA, JUSTICE
Mian Abdul Qaddous, ASC along with Mr. Shehzad Ahmed, Deputy Controller Exams for
GOVT. COLLEGE UNIVERSITY LAHORE THROUGH Vice Chancellor AND OTHERS
VS
SYEDA FIZA ABBAS & ANOTHER
Law:
Section:
Government College University Lahore Ordinance, 2002 (XLVIII of 2002)-- ----Ss. 23(2) (vii) & 27(v)--Award of university gold medal--Despite got first position and obtained highest marks was not awarded gold medal--Adversely affected--Validity--Respondent had passed four semesters within prescribed period and obtained highest marks--Entitled to receive gold medal--It cannot be stated that interpretation resorted to by University would be allowed to stand--Appeal was dismissed. THIS JUDGMENT DELIVERED BY: Qazi Faez Isa, J.- This appeal assails the order dated 10th March 2008 of the Lahore High Court whereby it had allowed the Writ Petition No. 11143/2007 filed by Respondent No. 1 (hereinafter referred to as "petition"). 2. The petition was filed by Respondent No. 1 who was enrolled for the Master of Science (M.Sc.) in Banking and Finance degree for the Session of 2005-07 in the Government College University, Lahore (hereinafter referred to as "University") which degree she successfully completed. Her grievance was that despite getting first position and obtaining the highest marks she was not; awarded the gold medal, which is given to such student, but instead the gold medal was given to Syed Asad Ali Shah (Respondent No. 2 herein). The petition was allowed by the Hon'ble Lahore High Court as the petitioner had obtained the highest marks over all as well as in each of the four Semesters and the University was directed to award her the gold medal. 3. The University is a public sector university and its affairs are governed by the Government College University, Lahore Ordinance, 2002 (Punjab Ordinance XLVIII of 2002) (hereinafter referred to as "Ordinance") and the matter of award of gold medal is attended to by the Government College University Lahore Examination Regulations (hereinafter referred to as "Regulations") enacted pursuant to the powers conferred upon the University by sub-section (2) (vii) of Section 23 read with sub-section (v) of Section 27 of the Ordinance. Regulation 10.6 of the Regulations which is relevant is reproduced hereunder: "Gold Medal shall be awarded to a student of M.Sc. Banking and Finance who has topped the list of the successful…
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