Law: Calendar of the University of Punjab 2002

Section: Vol-I,ChapVII,Regln23

Law: Constitution of Pakistan, 1973

Section: 199

Calendar of the University of the Punjab (2002)--- ----Vol-I, Chap. VII, Regln. 23---Constitution of Pakistan, Art. 199---Constitutional petition---Prayer for re-evaluation of answer book/sheet of candidate---Validity---High Court lacked jurisdiction to direct for such re-evaluation or declare a failed candidate as passed---Reasons stated. Re-evaluation of the answer book is prohibited. The logic behind this embargo is that answer books are secret documents and in case it is provided to the candidates or their representatives, the possibility of their tampering with or loss cannot be ruled out. Further the process of checking of answer sheets is being carried out by competent, honest and impartial staff appointed with the approval of the concerned Board and the Vice Chancellor. Marking of numbers on answer sheets is a technical job, therefore, besides the examiner no body else including the candidate is in a position to adjudge his ability. Thus, the jurisdiction of High Court under Article 199 of the Constitution, cannot be invoked for obtaining decision on merits, which the functionary alone is entitled to take under the relevant law. High Court cannot order for re-evaluation of answer sheets of any candidate while exercising its power under Article 199. Likewise, High Court lacks jurisdiction to declare a fail candidate to be as pass. High Court lacks jurisdiction in the matter of re-evaluation of answer sheet of any candidate. The logic behind this approach is that if re-evaluation is allowed, then there would be no end to the litigation by candidates who remain unsuccessful in certain papers and the University authorities would not be able to take any examination to its logical end. Regulation 23 of Chap. VII of Vol. I of Calendar of the University of the Punjab has been enacted after approval by the Syndicate Committee of the University, thus, it cannot be declared illegal and unlawful by High Court merely for the reason that it does not suit to any particular person. Further High Court cannot substitute the result of a failed candidate as successful while directing for re-evaluation of the answer book of a candidate. High Court dismissed the…

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