Law: Evidence Act, (1 of 1872)

Section: 114

(a) University (Punjab) --Examination --Roll No. issued by University Principal of College empowered to deprive student of right to appear at examination only if case falls within rules contained in Chap. XVII, Part VII of Vol. I, University Calendar 1951 52 and Circular Letter No. 2529 E dated 12th May 1959. Once the name of a student has been sent up to the Punjab University and they have issued a roll number for the candidate, the candidate can be deprived of his right to appear in the examination by the Principal only if the case falls within Chapter XVH, Part VII of Vol. I of the Punjab University Calendar and circular letter No. 2529 idated 12th May 1959. A roll number issued by the University cannot be withheld except for the reasons which would justify the withdrawal of the forms. (b) Writ Relief Petitioner allowed, by way of interim relief, to appear at University examination Final relief granted by issue of direction that petitioner would be considered to have"rightly" taken the examination. (c) Evidence Act (1 of 1872), S. 114, illus. (f) Document signed by Assistant Registrar of University produced in Court by University's counsel Presumption that Assistant Registrar was competent to act on behalf of University in proceedings in Court. JUDGMENT SHABIR AHMAD, J.--- This petition under clause (4) of Article 2 of the Laws (Continuance in Force) Order, 1958, which seeks a writ of mandamus against the Principal, Hailey College of Commerce, Lahore raises points similar to those which arise in Writ Petitions Nos. 264 of 1959 and 269 of 1959 and consequently all these three petitions will be disposed of together. 2. Writ Petition No. 263 of 1959 was put in by Hasan Imam and Muhammad Muslim, who claim that they were qualified to appear in Part II of the, Mp Bachelor of Commerce Examination of the Punjab University, but the Principal of the Hailey College of Commerce, Lahore, who was impleaded as the sole, respondent had illegally and without justification refused, to hand over to them their roll numbers sent by the Punjab University, to him. it was said in the petition that the. Principal of the College had refused to hand over the roll numbers to the…

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