Case Details

Citation(s)
1984 SLG 511 1984 SLD 511 1984 SCMR 433
Supreme Court of Pakistan
Civil Appeal No. 164 of 1983, decision dated: 4-12-1983 (From the judgment dated 15-I-1983 of the Lahore High Court passed in Intra-Court Appeal No. 191 of 1982)
MUHAMMAD HALEEM, ACTG. C.J., SHAFIUR RAHMAN, M. S. H. QURAISHI AND MIAN BARHANUDDIN KHAN, JJ

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CHAIRMAN, BOARD OF INTERMEDIATE & SECONDARY EDUCATION, Lahore High Court AND another--Appellants

VS

. ALI MIR---Respondent

Law:

Section:

(a) Constitution of Pakistan (1973)----- Art. 185(3)-Punjab Boards of Intermediate and Secondary Education Act (XIII of 1976), S. 14(4) read with Board of Intermediate and Secondary Education, Lahore Regulations, Chap. IV, Genl. Reg. 10 and Rules of Board, r. 5.15-Educational Institutions ­Leave to appeal granted to consider whether Board had contravened any law in refusing respondent-candidate's plea to have his answer­ book re-evaluated and if so whether High Court was justified in its writ jurisdiction to direct Board to re-evaluate same Provisional Constitution Order (1 of 1981), Art. 9.-[Educational institutions]. (b) Punjab Boards of Intermediate and Secondary Education Act (XIII of 1976)--- ---- S. 14(4)-Board of Intermediate and Secondary Education, Lahore Rules, r. 5.15 and Board of Intermediate and Secondary Education, Lahore Regulations, Genl. Reg. 10, Proviso-Educational Institutions­ Re-checking of candidate's answer-books-Resolution of Board passed in an earlier case to effect that where zero mark had been given by ex­aminer on a correct solution, answer-book could be referred to Review -Committee and in case injustice having been done to candidate, matter would be referred to Chairman for being placed before Board for decision-Candidate not claiming that he had been awarded zero mark against correct solution could not invoke such resolution-No provi­sion in r. 5.15 of Board's Rules for re-evaluating an answer-book and power of Chairman under Genl. Reg. 10 in view of its proviso also not available for re-assessing marks-Held, respondent candidate had no case made out before High Court for issuance of a writ and as such impugned of I. -C. A. Bench granting a writ was not sustain­able in law.-[Educational institutions]. R. v. Dunsheath (1950) 2 A E R 741; Thorne v. University of Londons (1966) 2 A E R 338 Board of Intermediate v. Massadaq Naseem P L D 1973 Lah. 600; Muhammad Sayyar v. Vice-Chancellor, University of Peshawar P L D 1974 S C 257 and Muhammad Hussain v. Sikandar P L D 1974 S C 139 ref. Controller of Examinations, Board of Intermediate and Secondary Educa­tion v. Waqar Hussain Hashmi P L D 1977 Lah. 1019 distinguished. K. H. Khurshid,…
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