| Citation(s) |
|---|
| 1995 SLD 771 = 1995 CLC 1500 |
Lahore High Court
Writ Petition No. 180 of 1995/BWP, decided on 27th April, 1995.
Presented By: Before Tassaduq Hussain Jillani, J
Ejaz Ahmad Chaudhry and Ch. Tariq Shaheen for Petitioner. Muhammad Shamshair Iqbal Chughtai for
Respondents.
Writ Petition No. 180 of 1995/BWP, decided on 27th April, 1995.
Presented By: Before Tassaduq Hussain Jillani, J
Ejaz Ahmad Chaudhry and Ch. Tariq Shaheen for Petitioner. Muhammad Shamshair Iqbal Chughtai for
Respondents.
Miss SHAGHUFTA MAAN --- Petitioner
VERSUS
ISLAMIA UNIVERSITY, BAHAWALPUR and others---Respondents
Law: Islamia University of Bahawalpur Act, 1975
Section: 15(3)
Islamia University of Bahawalpur Act (IV of 1975)--- ----S. 15(3)---Punjab University Calendar [as adapted by Islamia University Bahawalpur], Proviso 1 of Regln. 9---General Clauses Act (X of 1897), S. 27-- Constitution of Pakistan (1973), Art. 199----Constitutional petition--Examinations conducted by University---Candidates failing in one or more papers---Four chances could be availed of by such candidates within a period of 24 months---Petitioner having availed permissible chances could not be allowed to appear in yet another chance---Validity---Petitioner had appeared in Second Annual Examination, 1991, wherein she failed in 5 papers and she was allowed to appear till Second Annual 1993---Petitioner appeared again in Second Annual 1992 but failed in 2 papers---Petitioner was allowed as per result card to appear in those papers till 1st Annual 1994---Petitioner, thus, had chances to appear in First Annual 1993; Second Annual 1993 and First Annual 1994=--Second Annual 1992 and First Annual Examination 1993, were, however, conducted on one date on account of unavoidable circumstances-- Decision of combining two examinations was never conveyed to petitioner-- Petitioner again appeared for the third time in Second Annual Examination, 1993, but again failed in one paper---Petitioner did not receive the result card of said examination---Petitioner had yet another chance to appear in First Annual Examination, 1994 but could not avail the same due to retirement of her father whereby she had to shift to some other place and non communication of result of Second Annual Examination, 1993---Result was conveyed to petitioner through ordinary mail---Only effective method for communicating result would be through "Registered - Post", whereby presumption of service of result card would arise---Petitioner was misled by University Authorities first while conveying result of Second Annual Examination, 1992 wherein she was never informed that she had lost her chance of appearing in First Annual Examination, 1993, for the same had been combined with Second Annual Examination, 1992 and Secondly by not intimating…