Law:

Section:

Baha-ud-Din Zakariya University Act (III of 1975)--- ----Statute-V---Constitution of Pakistan, Art. 199---Constitutional petition---Failure of petitioner to pass Paper-III of M.A. Islamic Studies in First Annual Examination, 2007---Re-appearance of petitioner in Paper-III in First Annual Examination, 2008 along with all papers of 2nd part of M.A., and qualifying exam---Non-issuance of Result Card and Degree by University on ground that petitioner was not entitled to appear in First Annual Examination, 2008 as he should have to appear in Second Annual Examination, 2009---Validity---Petitioner was obliged to file Examination Admission Form and appear in exam in accordance with rules---If petitioner was not entitled to sit in First Annual Examination, 2008, then University should have rejected his such Form---After having allowed petitioner to appear in examination and his having qualified the same, University could not be allowed to alter their position and raise such objection---University's failure to reject petitioner's Form would amount to waiver of such objection and operate as estoppel against them---High Court directed the University to issue Result Card and Degree to the petitioner in circumstances. ORDER TARIQ JAVAID, J.---This writ petition is directed against the respondents on their failure to issue result card of 2nd Part examination qualified by the petitioner. It is maintained that the petitioner appeared in M.A. Islamic Studies first annual, 2007 under Roll No.8081, held in May, 2008. She passed all the subjects except one i.e. Arabic Grammar for which she appeared in first Annual Examination, 2008 along with 2nd part of M.A Islamic Studies and passed the examination. However, her result had been with-held on the ground that the petitioner should have appeared in 2nd part Annual Examination, 2009 whereas she appeared First Annual Examination for which, under the rules, she was not qualified. 2. It appears from parawise comments filed by the respondents that admittedly the petitioner submitted her admission form to appear in MA Islamic Studies Part-I, 1st Annual Examination 2007. The petitioner was declared fail in Paper-III (Arabic Grammar) and…

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