Law:

Section:

Educational institution--- - a student of B.D.S. was declared fail in one subject---Zero marks were awarded to the student by the department in internal assessment---Three marks were awarded to the student in internal assessment (on his application) by the Head of the Department---Student sought addition of said three marks after the declaration of result---Scope was earlier awarded zero marks in the internal assessment and result was submitted to the Controller of Examination for declaration---Student addressed a letter to the Head of the Department complaining about awarding zero marks who wrote to the Controller of Examination wherein three marks were awarded to the student in internal assessment---Contention of petitioner was that university had incorrectly calculated the marks and he was not at fault---Validity -student obtained twenty two marks out of twenty-five marks in oral and practical assessment examination---University had provided the breakup of the marks awarded to the petitioner-student by his College---Subsequent letter issued by the Head of the Department whereby petitioner-student was awarded three marks was an afterthought and had been issued after declaration of result---Said award of marks by the Head of the Department could not be accepted as Internal Examination Rules of the University did not allow the same---If such practice was allowed, it would open the flood gates of the students who could not obtain qualifying marks at the time of their internal assessment and after declaration of result they would maneuver to make good the deficiency---Persons sitting of the helm of affairs of the institute/university were custodians of rights and privileges of all the students for whom universities were established---Said persons were sole judge to interpret and apply the Rules keeping in view the situation arose before them---High Court would decline to interfere in the working of universities unless they had acted arbitrarily, whimsically and in disregard of Rules with mala fide---Constitutional petition was disposed of accordingly. Muhammad Ilyas v. Baha-ud-Din Zakariya University Multan 2005 SCMR 961 and University of Health and Science…

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