Case Details

Citation(s)
2019 SLG 1253 2019 SLD 1253 2019 MLD 899
High Court (AJ&K)
Writ Petition No. 551 of 2011, decision Dated: 08-02-2019.
M. TABASSUM AFTAB ALVI, CHIEF, JUSTICE
Petitioner(s) by: Mirza Kamran Baig
Respondent(s) by: Raja Amjad Ali Khan

MST. ZAHOORA BEGUM

VS

AZAD JAMMU AND KASHMIR UNIVERSITY THROUGH VICE CHANCELLOR, MUZAFFARABAD AND 6 OTHERS

Law:

Section:

(a) Azad Jammu And Kashmir University Regulations for Master's Degree Examination--- ----Chap. 22, Clause 21---Grace marks awarded to the candidate---Withdrawal of---Scope---Candidate passed M.A. examination with 2nd Division and result card was also issued by the University---University issued degree to the candidate in 3rd Division by deducting 04 grace marks already awarded in the result card---Petitioner-candidate applied to the University for issuance of correct degree as per Marks-Sheet but her request was turned down by the University---Validity---Five grace marks could be awarded to a successful candidate to place him/her in higher Division---Petitioner obtained 441 marks out of 1000 and by awarding 04 grace marks she was granted DMC in 2nd Division---No reason was brought on record by the University authorities as to why grace marks granted to the candidate were recalled---No one should suffer due to act of Authority---Functionaries of the State were supposed to work strictly under the law and simply writing in some Statute that errors and omissions were expected could not be given any weight without estimating the loss or damage caused to a party---Result card issued to the petitioner was an official document and same had presumption of truth and could be corrected within a reasonable time by the University---Petitioner in case of 3rd Division could improve her division if intimated within short span of period---Candidate should not suffer due to fault of University---University failed to issue degree to the petitioner till 26-08-2010 without showing any lawful justification---Petitioner was entitled to equitable relief of writ jurisdiction---Impugned order passed by the University was quashed being without lawful authority---University was directed to issue correct degree in favour of candidate forthwith as per result card---Writ petition was allowed, in circumstances. Nasreen Akhtar and 3 others v. Sameena Bilquees and 3 others 2006 SCR 312 and Ahmed Latif Qureshi v. Controller of Examination, Board of Intermediate and Secondary Education, Lahore PLD 1994 Lah. 3 rel. (b) Administration of justice--- ----No one is to suffer due to act of Authority.…
🔒
Continue readingLogin or create an account to access the complete content.Login / Register

Deprecated: trim(): Passing null to parameter #1 ($string) of type string is deprecated in /home/digixyei/sldsystempk.com/view/master-layout/view_case.php on line 492