Law: Constitution of Pakistan, 1973

Section: 199

Calendar of Board of Intermediate and Secondary Education, Gyjranwala--- ----Chap. IV, Regln. 39---Constitution of Pakistan (1973), Art.199---Reduction of nine (9) marks in English Paper `B' in the Intermediate Examination---As per marking on the original answer book petitioner was awarded 69 marks by Sub-Examiner---Such answer book was examined by Head Examiner alongwith certain other answer books who proposed reduction of marks of petitioner--­Validity ---Regulation 39(1) of the Calendar of Board of Intermediate and Secondary 3ducation postulates that Head Examiner could himself neither increase no decrease marks assigned by Sub-Examiner---Regulation 39(1) of the Calendar, however, could not be read in isolation but has to be construed conjunctive with the other clauses II and III of the Regln. 39, which showed that Head Examiner had to make his own assessment about the marks awarded bi Sub-Examiner after re-evaluating the answers given by the candidate---Where Head Examiner was of the view that marks awarded by Sub-Examiner were deficient and excessive to the extent of 10% he would return the answer books to the Sub-Examiner who was required to change the marks assigned by him, as per instructions of Head Examiner---Where difference it evaluation by Head Examiner and Sub-Examiner was more than 10% a third examiner or a moderator was to be appointed by the Chairman of the Board Intermediate and Secondary Examination and marks assigned by him were to ye considered to be final---Head Examiner after noticing that Sub­ Examiner aced carelessly and had ignored even serious mistakes found that marks awarded to petitioner were excessive by nine (9) marks, returned answer book in question to Sub-Examiner who proceeded to reduce the marks from 69 to 60---Diffeence between evaluation of Sub-Examiner and Head Examiner being less than 10% course adopted by Head Examiner was un-exceptionable and could no be objected to, on any premises---Petition against reduction of marks was dismissed in circumstances. JUDGMENT Miss Robina Afzal, petitioner herein, appeared in the First Annual Intermediate examination held by the Board of Intermediate and Secondary Education,…

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