Law:

Section:

Calendar of the University of the Punjab, 1990-------Chap. VII, Regln. 6---Constitution of Pakistan (1973), Art. 199--­Constitutional petition---Educational institution---If the answer book received by the Examiner is lost before or after its evaluation, the average of the marks obtained by the candidate in other papers shall be awarded to him in the said paper ---Examinee, however, has the option to avail average of the marks or to re-appear in the paper---Where the examinee does not want to re-appear in the said paper and he/she has a genuine claim and authorities have failed to point out any kind of mischief, mishandling or misuse or misconduct on the part of examinee, examinee cannot suffer for the gross negligence of the Authorities or the person incharge of the examination---High Court directed the Authorities to determine the average of the marks obtained by the examinee in other papers in which he/she appeared and declared successful. JUDGMENT The petitioner appeared in BA. II-A, Examination in 1992 under Roll No. 19381, at Centre No. LHR(8)G.I(Mozang). The result of the said Examination was declared on 9-9-1993 but against petitioner's roll number it was written "R.L." (result later on due to non-receipt of English Paper-B). The petitioner kept on filing the applications for her result and the last application was given on 20-9-1994 to the Controller of Examination (respondent No. 1) seeking declaration of her result; on which the petitioner was informed that her English Paper-B was not received from the relevant centre, so her result could not be declared. In fact on 27-4-1994 the fictitious roll numbers were enlisted on the answer books and the same were sent to the Examiner with the letter that "memo. not received" and the total answer books received were only 93. 2. The contention of the learned counsel for the petitioner is that the petitioner has suffered one year set back due to no fault of her and it is English Paper-B which gives high marks and if the paper was not sent to the Examiner by the University authorities due to their negligence then according to the Rules the petitioner was entitled to the average of marks. 3. The respondents have…

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