Law: Constitution of Pakistan, 1973

Section: 25,199

Law: Constitution of Pakistan, 1973

Section: 25,199

Constitution of Pakistan-------Arts. 25 & 199---Constitutional petition---Educational institution---Award of degree---Grace marks---Regulation of grace marks could not be termed to be prejudicial to the right of the petitioner or discriminatory in any manner as it was not directed against the petitioner or a class of persons---Law allowed a fair regulation and classification---Constitutional petition was dismissed in circumstances. Syed Abdur Razzaq Gillani and Muhammad Amin Malik for Petitioner. Malik Muhammad Rafique Rajwana, Legal Advisor for Respondents. ORDER IJAZ AHMAD, J.--- The petitioner took admission in three years course in discipline of law started in the year 2005. She passed the Part-I and Part-II Exams. In Part-III she appeared in 1st annual 2010, 2nd annual 2010 and 1st annual 2011 and was declared fail as a whole on account of shortage of three marks in aggregate. 2. It is contended by learned counsel for the petitioner that Rule 5 of the Regulation for degree for LLB (3 years course) framed by the respondent-B.Z.U. provides five grace marks in an individual paper, in aggregate, to make up deficiency in more than one papers and to be placed in the next higher division. However, the 3rd proviso to this Rule takes away this right in the case of a candidate who appears in 2nd annual Exam. or in parts. It is argued that all the students whether taking the Exams in parts or in 1st annual or 2nd annual deserve the same concession and treatment as is provided under Articles 4 and 25 of the Constitution of Islamic Republic of Pakistan, 1973 which guarantee the inalienable right of its citizens to be treated in accordance with law and in equality vis-a-vis the others; that by virtue the 3rd proviso to the Rule ibid, the petitioner has been prejudiced and discriminated from others who have not sought the exemption in any paper or who appear in the Exam. as a whole. 3. On the other hand, it is contended by the learned counsel for the respondent-(University) that the respondent-University has an authority and the law recognizes the scope of regularization and fair classification if the same is general in nature and is not aimed against a particular…

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