Case Details

Citation(s)
1962 SLG 465 1962 SLD 465 1962 PLD 35
Supreme Court of Pakistan
Civil Petition for Special Leave to Appeal No. 154 of 1961
A. R. CORNELIUS, C.J., S. A. RAHMAN, RAHMAN, JJ
Mahmud Ali Senior Advocate Supreme Court (M. Z. Kichlew and Rafiq Ahmad Sheikh Advocates Supreme Court with him) instructed by M. Saleem Chaudhury Attorney for Petitioners (in both the Appeals). Muhammad Iqbal Senior Advocate Supreme Court (Fazle Ghani A

Civil for Special Leave to Appeal No. 154 of 1961 Miss SULTANA, KHOKHAR AND 2 OTHERS ers

VS

THE UNIVERSITY OF THE PUNJAB, THROUGH ITS REGISTRAR---Respondent AND Writ No. 14 of 1961 TARIQ ZAKRIA KICHLEW AND another vs THE UNIVERSITY OF THE PUNJAB,

Law:

Section:

(a) Punjab University Act (XVI of 1954)----[as amended by Punjab University (West Pakistan Amendment) Act (XXIII of 1958)], S, 25 read with Ss. 29, 22 & 15 --Unamended S. 25 enacting by cl. (x) that Statutes mail provide (among other things) '`conditions to be complied with by candidates for examinations of the University"-Amended S. 25 re-casting whole section, and enacting by cl. (vii) that Statutes may provide for (as among other things) "General Schemes of Studies including the duration of courses and total number of subjects for examinations, but not the detailed syllabi therefor," thus, omitting to make any mention of f "conditions to be complied with by candidates for examinations ­Statute 21, prescribing percentage of pass marks, amended in 1960 by University, substituting "new" percentages for B.Sc., Honours School examination-Held, that (i) amendment of Statute 21 was competent and was validly made, (ii) cl. (vii) of amended S. 25 sufficiently covered not only Schemes for imparting instruction but also Schemes "for assessment of knowledge derived from such instruction"-Legislature cannot be imputed with creating a "deliberate hiatus" in University affairs-Senate, under S. 15, superior body in hierarchy of University Authorities-Statute passed by Senate, though entrenching upon field of Academic Ordinances, must prevail, notwithstanding provisions of S. 29 making "conduct of examinations" a matter for urn Academic Ordinance-"Conduct of examinations"-Meaning. (b) Punjab University Act (XVI of 1954)------University Statute No. 21 as amended in 1960-Applied to B.Sc. Honours School candidates of final year 1960-61-Does not entail any objec­tion on score of retrospective application-Not applied to candidates appearing in 1960, amended Statute having been passed 4 days after examination began-Non-application to 1960 candidates, held, did not involve any question of discrimination as contrasted with application of - Statute to 1961 candidates. (c) Punjab University Act (XVI of 1954)---Statutes, Ordinances, Regulations made under Act-Amendments-Candidates have no vested right that they must be examined in accordance necessarily with provisions of a…
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