Law:

Section:

Educational institution------- Constitution of Pakistan (1973), Art. 199---Constitutional petition--- Petitioner appearing in Bachelor of Education Examination in 2nd Annual Examination, 1990-91 had secured 33 per cent. marks in specific paper and thus, was declared "Fail", for at that time he was required to get 40 per cent marks for passing the examination---Validity---Petitioner's main contention was that on basis of equitable treatment he was entitled to be declared having passed the examination, for he had secured 33 per cent. marks---Petitioner had appeared in earlier examination while scheme was introduced afterwards whereby marks were reduced from 40 per cent. to 33 per cent. ---Petitioner having appeared in 2nd Annual Examination 1990-91 was required to have secured 40 per cent. marks on account of previous scheme being applicable---Fresh scheme was introduced for the year 1992-93 when fresh candidates were required to secure 33 per cent. marks---Reduced criteria of pass percentage was not applicable to petitioner and thus, no Constitutional right of petitioner stood infringed/violated and thus he was not entitled to the required and desired relief---New Scheme of reduced percentage could not have retrospective effect so as to cover case of petitioner---Constitutional petition having no merit was dismissed. JUDGMENT Muhammad Akbar petitioner appeared in Bachelor of Education 2nd Annual Examination, 1990-91 held in November, 1992 under the auspices of Bahauddin Zakariya University, Multan under Roll No.3271. He was declared as 'Fail' as he had secured 33 % marks in paper "Teaching of English" while in other subjects he had secured 47% marks in aggregate. In the Bachelor of Education Examination for the year 1992-93 for the paper of "Teaching of English" marks of the paper were mentioned 100 but pass marks for the same were mentioned as 33 % for fresh candidates and 40 % for compartment candidates. Since the percentage of pass marks in the abovesaid paper for fresh candidates and for compartment candidates was different, which was considered as discriminatory act of the respondents, the compartment candidates appearing in that Examination who could not…

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