Case Details

Citation(s)
2026 SLG 1172 2026 SLD 1172 = 2026 PHC 32
Peshawar High Court
WP No.9509-P/2025
Presented By: MUHAMMAD TARIQ AFRIDI, J
For petitioner(s): Mr. Ali Gohar Durrani Advocate For respondent(s): Ms. Huma Aman Advocate (for respondent-university) Date of hearing: Ms. Mehwish Muhib Kakakhel Advocate for re

Tehmina Bibi

VS

Shaheed Benazir Bhutto Women University, Peshawar through its Registrar & others

Law: Constitution of Pakistan, 1973

Section: 199

SUMMARY
Held: Constitution of Pakistan, 1973---Article 199---Gold Medal--University Regulations -Regulation 36, Admissions and Semester System Revised Regulations, 2011---Award of Gold Medal--CGPA--Rounding Off--Number of \"A\" Grades---Cumulative Marks---Judicial Restraint in Academic Matters---Petitioner claimed entitlement to Gold Medal on basis of higher aggregate marks and marginally higher raw CGPA---University awarded Gold Medal to another student after rounding CGPA to two decimal places---Held, Regulation 36 prescribes a sequential hierarchy: highest CGPA; if equal, higher number of \"A\" grades; if still equal, higher cumulative marks--Regulation 28 mandates rounding of CGPA to two decimal places; upon rounding, both candidates had equal CGPA--Respondent secured more \"A\" grades and was rightly awarded Gold Medal -Cumulative marks become relevant only where CGPA and \"A\" grades are equal---Court cannot rewrite or reorder statutory academic regulations--Academic decisions based on regulations and expert determination warrant judicial deference-Availability of internal grievance mechanism under Regulation 33 not exhausted--No illegality or arbitrariness established -- Writ petition dismissed
 

The petitioner challenged the university’s decision regarding award of a Gold Medal in LL.B (2019–2024 session), claiming she had the highest marks and CGPA and was wrongly denied the medal.

The university explained that after applying official rounding rules, both top candidates had equal CGPA (3.94). Under the applicable regulations, when CGPA is equal, the award is decided on the basis of number of “A” grades. Respondent No. 7 had more “A” grades than the petitioner and was therefore correctly awarded the Gold Medal.

The Court held that:

  • CGPA is the primary criterion under the regulations
  • Marks are not the first deciding factor
  • Academic regulations must be applied strictly as written
  • Courts should not interfere in academic decision-making unless there is illegality

Since the university correctly applied the rules, the petition was dismissed.

2) LAWS / REGULATIONS APPLIED

  • Regulation 36(b)(i) – Highest CGPA determines Gold Medal
  • Regulation 36(b)(ii) – If CGPA equal, “A” grades decide winner
  • Regulation 36(b)(iii–iv) – Cumulative marks and attendance as further tie-breakers
  • Regulation 28 – CGPA rounding to two decimal places
  • Article 199 of Constitution of Pakistan, 1973 – Constitutional jurisdiction (writ petition)
  • Judicial Principle – Academic autonomy and restraint of courts

3) CASE IN NUMBERS (SECTIONS / REFERENCES ONLY)

  • Article 199
  • Regulation 36(b)(i)
  • Regulation 36(b)(ii)
  • Regulation 36(b)(iii)
  • Regulation 36(b)(iv)
  • Regulation 28

4) TWO-WORD DESCRIPTION OF CASE

Merit Dispute

 
 


JUDGMENT

Through the instant writ petition, filed under Article 199 of the Constitution, the petitioner has prayed for the following relief:

The petitioner requests this Honourable Court to:

  1. Set aside the decision of the respondents whereby the petitioner has been denied the Gold Medal despite securing the highest marks and CGPA, and whereby the private respondent with lower marks was awarded the Gold Medal on the basis of rounded CGPA;
  2. Direct the respondents to award the petitioner the Gold Medal for LL.B Session 2019–2025 strictly on merit;
  3. Restrain the respondents from awarding the Gold Medal to any other student until final decision of the petition;
  4. Direct the respondents to reconsider the matter under Regulation 36(b)(i), giving precedence to marks over CGPA; and
  5. Grant any other relief deemed just and equitable.

Brief Facts of the Case

The petitioner completed her LL.B (5 years) program at Shaheed Benazir Bhutto Women University, Peshawar, Session 2019–2024. She passed all semesters in the first attempt without any improvement examination.

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