| Citation(s) |
|---|
| 2014 SLG 10 2014 SLD 10 2014 MLD 293 |
Lahore High Court
Writ Petition No.13031 of 2012, heard on 1st October, 2013
SHOAIB SAEED, J
Khurshid Ahmad Khan for Petitioner. Malik Muhammad Tariq Rajwana, for
Respondent.
Writ Petition No.13031 of 2012, heard on 1st October, 2013
SHOAIB SAEED, J
Khurshid Ahmad Khan for Petitioner. Malik Muhammad Tariq Rajwana, for
Respondent.
Mst. SHAMSHAD KANWAL
VS
CONTROLLER OF EXAMINATION, BAHAUDDIN ZAKARIYA UNIVERSITY, MULTAN
Law: Constitution of Pakistan, 1973
Section: 199
Constitution of Pakistan---Art. 199---Constitutional petition---Educational institution---Failure of student to pass M. A. Part-I Examination despite availing three chances---Contention of student was that she was allowed to appear in M. A. Part-II Examination and she had passed all the subjects---Validity---Student through mis-statement of facts could manage to appear in M. A. Part-II Examination though she was not eligible to appear in the same---Petitioner had not come to the court with clean hands and she was not entitled to discretionary relief---No one could be given the benefit of one's own wrong or fraud---Any superstructure built on weak foundation was not sustainable---Petitioner could not be allowed another chance nor her M. A. Part-II result card could be issued---High Court could not issue any direction to the University as same would amount to perpetuating an illegality committed by the student---Constitutional petition was dismissed in circumstances. Mst. Farhana Riaz v. Government of Sindh and others 2001 SCMR 1430; Ali Yousaf v. Chairman of Academic Council 2000 SCMR 1222 and Miss Sidra Naeem v. Vice Chancellor, Bahauddin Zakariya University Multan and 4 others 2012 MLD 1824 rel. JUDGMENT SHOAIB SAEED, J.---Through this writ petition the petitioner has prayed that respondent be directed to allow her to appear in one remaining paper of M.A. Part-I. and result of Part-II class which has already been announced/uploaded on the website of the University may be declared accordingly. 2. Brief facts of the case are that the petitioner appeared in M.A Urdu Part-I Annual Examination 2010 under Roll No.11766 in all papers but could clear three papers and failed in the remaining three papers in the first attempt. Petitioner re-appeared in failed subjects in Part-1 Supplementary Examination 2010 under Roll No.6493 and cleared two more papers but again failed in one paper (Parer-I), result accordingly was declared as " Re-appear in Paper-I till 1st Annual 2011". 3. Petitioner was to re-appear in failed Paper-I of M.A. Urdu Part-I Annual Examination 2011 that being the last and 3rd chance (Under the Statutes and Regulations for Masters Degree Under Annual…
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