Law:

Section:

  Punjab University Calendar, Vol. I-- ----Regln. 6---Loss of answer book of a candidate--Benefit of average marks--Availability---Where answer book of a candidate was lost after its receipt by the examiner, he would be entitled as of right, to be awarded the average marks obtained by him in other papers---Such candidate, however, has option either to avail of the average marks or to reappear in the paper---No scope is available to fall back upon other material to determine the marks obtained by a candidate in a paper which had been lost, after receipt by the examiner. Nazir Ahmad v. Pakistan and 11 others PLD 1970 SC 453 ref. Administration of justice--- ---- A Court of law cannot allow a patent injustice to be perpetuated---A patently wrong, rather absurd construction cannot be allowed to be placed on a Rule/Regulation by a statutory Authority. Interpretation of statute--- ---- Patently wrong, rather absurd construction cannot be allowed to be placed on a Rule/Regulation by a Statutory Authority. Punjab University Calendar, Vol. I--- ----Regln. 6, proviso---Constitution of Pakistan (1973), Art. 199---Loss of answer book of a candidate---Remedy---Where answer book of a candidate was lost, making re-checking impossible then Authorities should fairly and honestly allow the benefit of the proviso to the Regulation by awarding average marks to the affected student---Candidate's paper having been lost due to the negligence of Authorities, he would be entitled to the award of average marks, obtained by him in other papers---High Court, in Constitutional jurisdiction directed the Authorities to declare the candidate's result after awarding him average marks in the lost paper. Ghous Muhammad-Chaudhary for Petitioner. Ch. Muhammad Farooq for Respondents. Date of hearing: 20th August, 1989.   JUDGMENT I had allowed this writ petition by the following short order passed on 20 8-1989: "For the reasons to be separately recorded later, this petition is allowed with no order as to costs. In paper I-Written (Pharmaceutical Chemistry II Physical), which was lost, the petitioner is entitled to the award of average marks obtained by him in other papers in…