| Citation(s) |
|---|
| 2019 SLG 621 2019 SLD 621 2019 MLD 332 |
Supreme Court (AJ&K)
Civil Appeal No. 60 of 2018, decision Dated: 25-04-2018. Hearing Dated: 17-04-2018. (On appeal from the judgment of the High Court, Dated 26.2.2018 in Writ Petition No. 104 of 2017).
RAJA SAEED AKRAM KHAN, JUSTICE
Petitioner(s) by: Syed Nishat Kazmi, Advocate
Respondent(s) by: Ch. Mehboob Ellahi, Advocate
Civil Appeal No. 60 of 2018, decision Dated: 25-04-2018. Hearing Dated: 17-04-2018. (On appeal from the judgment of the High Court, Dated 26.2.2018 in Writ Petition No. 104 of 2017).
RAJA SAEED AKRAM KHAN, JUSTICE
Petitioner(s) by: Syed Nishat Kazmi, Advocate
Respondent(s) by: Ch. Mehboob Ellahi, Advocate
AJ&K BOARD OF INTERMEDIATE AND SECONDARY EDUCATION, THROUGH CHAIRPERSON AND 4 OTHERS
VS
MUHAMMAD MESHIF MEHMOOD THROUGH NATURAL GUARDIAN AND 2 OTHERS
Law:
Section:
Educational institution--- ----Re-evaluation of answer sheet of a subject---Equality before law---Scope---Candidate moved application for re-checking of answer sheet but same was dismissed by the Education Board on the ground that grand total of answer sheet had correctly been calculated and no portion had been left un-marked---Candidate filed writ petition with the plea that his paper had not rightly been marked by the Examiner which was accepted with the direction to the Education Board to re-evaluate the paper through an academician of high repute---Validity---Application by the candidate was processed and paper was re-checked in his presence but nothing was found wrong on re-checking---No provision was available in the Board Calendar for re-evaluating, re-checking or re-marking of the paper---High Court was influenced by the marks sheet of the candidate which showed that he had secured more than 90% marks in the other subjects---No direction in deviation of statutory provisions of law could be issued on sympathetic ground which might affect the rights of other students---Right of equality before law was available to every citizen of the State and nobody could be discriminated---Same Examiner had checked the papers of other students and no objection had been brought on record by any other student with regard to marking---Candidate could not be singled out while giving the relief which could not be extended beyond the rules and regulations---High Court while issuing the direction in the impugned had travelled beyond the statutory provision of law---Impugned passed by the High Court was set aside---Appeal was allowed in circumstances. Abdul Baseer Tajwar v. A&K Public Service Commission and 2 others 2016 SCR 1599 ref. University of Punjab through Vice-Chancellor Lahore and another v. Mrs. Ruhi Farzana and 3 others 1996 SCMR 263; Khurshid Ahmad v. Bahauddin Zakariya University, Multan and 3 others 1999 CLC 694; Ali Zain-ul- Abadeen v. Controlling Authority AJ&K Board of Intermediate and Secondary Education, Mirpur and 5 others 2014 CLC 890; Ms. Shakeela v. University of Peshawar through Vice-Chancellor and another PLD 2003 Pesh. 8 and Rabial Piaz v.…
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