Law:

Section:

(a) Constitution of Pakistan (1973)--- ---Art. 199---Judicial review of executive powers---Action taken by executive authority must fulfil test of reasonableness---Such exercise of power has to "' satisfy test of reason and relevance---Where discretion vesting in authority had been exercised un-reasonably or irrationally, order passed or action taken was liable to be struck down. (b) University of tile Punjab Act (IX of 1973)-- -----S. 28 (4)---University's power to prescribe courses of studies, syllabi and outlines of test for university examination---University prescribing different syllabi and different examinations for regular and private students---Such decision of University being whimsical, discriminatory and unreasonable was not sustainable. No rational basis had been disclosed by the respondents for prescribing different syllabi and different examinations for regular and private students. The objective behind the examination was to test students' knowledge and proficiency, so as to find out whether they had acquired an accepted standard. It is not understandable as to why different standards should be prescribed for private and regular candidates when the degree to be conferred upon them was the same. Aman Ullah Khan and others v. The Federal Government of Pakistan through Secretary, Ministry of Finance, Islamabad and others PLD 1990 SC 1092; Chairman, Regional Transport Authority, Rawalpindi v. Pakistan Mutual Insurance Company Limited, Rawalpindi PLD 1991 SC 14; Muhammad Jqbal Khokhar and 3 others v. Government of the Punjab through the Secretary to Government of the Punjab, Lahore and 2 others PLD 1991 SC 35; Federation of Pakistan and others v. Ch. Muhammad Aslam and others 1986 SCMR 916 and Administrative Law by H.W.R. Wade, Sixth Edn. at p. 397 rel. (c) Constitution of Pakistan (1973)--- ----Art. 25---Prohibition on discrimination---University prescribing different syllabi and different examinations for regular and private students--­Validity---Degree to be conferred on both categories of students being the same, different standards prescribed for them were not warranted---­University's decision by prescribing different syllabi for regular and…

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