| Citation(s) |
|---|
| 2017 SLG 2324 2017 SLD 2324 2017 MLD 815 |
Lahore High Court
I.C.A. No. 1023 of 2016, decision Dated: 8-2-2017.
AYESHA A. MALIK, JUSTICE, JAWAD HASSAN, JUSTICE
Mirza Abdul Khaliq for Appellant. Sultan Mahmood, Assistant Advocate-General for
Respondent No. 1. Imran Sarwar, Vice-Counsel for
Respondent No. 2. Noshab Ali Khan for
Respondents Nos. 3 and 4.
I.C.A. No. 1023 of 2016, decision Dated: 8-2-2017.
AYESHA A. MALIK, JUSTICE, JAWAD HASSAN, JUSTICE
Mirza Abdul Khaliq for Appellant. Sultan Mahmood, Assistant Advocate-General for
Respondent No. 1. Imran Sarwar, Vice-Counsel for
Respondent No. 2. Noshab Ali Khan for
Respondents Nos. 3 and 4.
SANA GULNAZ
VS
SECRETARY, HEALTH GOVT. OF PUNJAB AND OTHERS
Law:
Section:
(a) Educational Institution--- ----Examination---Re-checking/re-evaluation of answer sheets---Student sought directions of High Court to the university for enhancing marks in answer book---Allegation of student was that university had violated the regulations making her career at stake---University contended that prescribed rules could not be agitated in constitutional petition---Validity---High Court declined interference in matters pertaining to marking of answer sheets by officers of colleges and universities who were expert in their field---High Court could not substitute its findings for that of the persons skilled in their task---Constitutional petition being not maintainable was dismissed accordingly. Muhammad Farooq Wajid v. FPSC and others PLD 2015 Lah. 457; Muqarab Akbar v. Bahauddin Zakariya University, Multan through Registrar and 2 others 2006 MLD 1776; Abdul Hakim Hashmi v. Federal Public Service Commission through Chairman and 8 others 2002 SCMR 504 and Board of Intermediate and Secondary Education Lahore through its Chairman and another v. Mst. Salma Afroze and 2 others PLD 1992 SC 263 ref. (b) Constitution of Pakistan--- ----Art. 199---Constitutional petition---Maintainability---Educational Institution---Examination---High Court declined interference in matters pertaining to making of answer sheets by officers of the educational institution who were expert in their filed---High Court could not substitute its findings for that of the persons skilled in their task---Constitutional petition was not maintainable. THIS ORDER PASSED BY: Through this appeal the Appellant has challenged the legality of impugned order dated 04.05.2016 passed in W.P. No. 27617/2015 by the learned Single Judge whereby the Appellant's petition was dismissed being without any merit. 2. Learned counsel for the Appellant submitted that the impugned order is liable to be set aside on the grounds that the same is illegal and has been passed against the facts on record, that the learned Single Judge has failed to take into consideration the fact that the Respondents have acted in violation of regulations which were binding on them; that the Convener of the Assessment has not…
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