| Citation(s) |
|---|
| 2013 SLG 832 2013 SLD 832 2013 CLC 1351 |
Islamabad High Court
Writ Petition No.740 of 2012, decision dated: 23rd April, 2013
SHAUKAT AZIZ SIDDIQUI, J
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Writ Petition No.740 of 2012, decision dated: 23rd April, 2013
SHAUKAT AZIZ SIDDIQUI, J
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Ms. ANBER JAVED
VS
BAHRIA UNIVERSITY and others
Law: Constitution of Pakistan, 1973
Section: 199
Law: Constitution of Pakistan, 1973
Section: 199
(a) Constitution of Pakistan-------Art. 199---Constitutional petition---Educational Institution---Award of Gold Medal on achieving high academic standards---Petitioner having highest "Cumulative Grade Point Average" (CGPA) was expecting award of Gold Medal---Gold Medal was awarded to another batchmate of the petitioner having CGPA lower than the petitioner---Validity---No doubt that CGPA of the petitioner was highest in comparison to CGPA achieved by respondent but petitioner achieved this score in two attempts whereas respondent achieved the same in one go---Reasonable distinction was created between petitioner and respondent---Decision of the University could not be termed as arbitrary, perverse and unreasonable---Constitutional petition was dismissed. (b) Constitution of Pakistan--- ----Art. 199---Constitutional petition---Policies and procedures of the University---Policy made by the University for award of gold medal---Interference by court---Scope---Making rules and regulations to run the affairs of University and interpretation of the same was the prerogative of the University authorities, and the courts normally avoid interference in such like matters, unless a case of grave injustice was pointed out---Award of gold medal to a student was a sign of excellence and inspiration yet the authorities had to examine the case of each student in the perspective of University rules and regulations made from time to time. Muhammad Aslam Khaki for Petitioner. Shafiq-ur-Rehman Dab for Respondent No.1. ORDER SHAUKAT AZIZ SIDDIQUI, J.--- Petitioner invoked the constitutional jurisdiction of this court, by way of filing instant writ petition, with the following prayer:--- "In the circumstances, it is humbly prayed that:--- (1) The act of application of so-called Rules of 2009 to the case of the petitioner retrospectively and without lawful authority be declared against the law, justice and hence void and hence of no legal effect. (2) the respondents be directed to declare the petitioner as the valid and lawful winner of Gold Medal in B.S. telecommunication program (2006-2010) being the highest scorer of CGPA 3.79 and thus be awarded the Gold Medal for her batch in the…
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