Law: General Clauses Act (X of 1897)

Section: 21 , 199

General Clauses Act (X of 1897)--- ----S.  21--Constitution  of  Pakistan  (1973),  Art. 199---Constitutional petition-- Locus poenitentiae---Principle of---Entitlement to award of gold medal on basis of academic results---Petitioner had secured first division in all the four professional examinations of B. Pharmacy---Petitioner's achievements were noted by Department of Pharmacy which issued her certificate to the effect that on basis of aggregate marks of all the four Professional Examinations, petitioner had stood first in B. Pharmacy Examination---Board of Studies of the University recommended award of gold medal to the petitioner---Awarding of gold medal was, however, subsequently denied to petitioner---Validity---Medal was to be awarded to candidate who passed in all the examinations in the annual and in the first attempt---Admittedly one paper i.e. Bio-Chemistry could not be attempted by all students including petitioner in First Professional Examination because of  general  strike  by  students,  resulting  in walk-out---University was, thus, constrained to complete First Professional Annual Examination by conducting examination for Bio-Chemistry alone in December, 1987, which was in continuation and completion of First Professional Annual Examination-- Petitioner admittedly passed said examination when it was finally and completely conducted by the University, in First Division and in her first attempt--Petitioner, thus met all the requirements for award of gold medal---Once University having declared result of any examination, no locus poenitentiae was left to recall declared result, for thereafter University became functus officio and consequences which flowed declaration of result could not be   set at naught-- Power of receding was, thus, no longer left with the University when decisive step had been' taken on basis of principle of locus poenitentiae and S. 21, General Clauses Act, 1897---Even in equity, petitioner deserved gold medal in question, and its denial to her was harsh and arbitrary,. for University had conceded that petitioner's aggregate marks in all examinations…