Case Details

Citation(s)
1997 SLG 813 1997 SLD 813 1997 CLC 1524
Lahore High Court
Writ Petition No.248 of 1997, decision dated: 29-01-1997
MUHAMMAD ISLAM BHATTI, J
Abdullah Qureshi and Sh. Hakim Ali for Petitioner. M.M. Bhatti with Muhammad Shafiq, Controller of Examination for
Respondents

KARIM BAKHSH-

VS

CONTROLLER OF EXAMINATION and others

Law:

Section:

Calendar of Islamia University Bahawalpur-------Regln. 5(1) of Regulations pertaining to LL.B., Part I Examination--­Constitution of Pakistan (1973), Art. 199---Constitutional petition---Petitioner seeking direction to respondents to cancel result showing him unsuccessful in specific paper of LL.B., Part I same being illegal and without jurisdiction and declare him successful therein and then after issuing result card, allow him to appear in forthcoming LL.B., Part II Examination---Petitioner claimed that if he was allowed five marks in specific paper (in which he had failed), his aggregate would automatically exceed pass marks---Validity---Petitioner could not automatically claim, under deeming clause, two benefits (i) to enable him to qualify in specific paper by awarding him five marks and (ii) to qualify him in aggregate by awarding him another three marks---Notional grant of marks to petitioner to enable him to pass in specific paper could not be added in aggregate nor even in marks so secured in said paper and it would remain a legal fiction---Petitioner was found not entitled to relief in circumstances. Syed Ali Iqtidar Shah Dara and others v. The Custodian, Evacuee Property PLD 1964 (W.P.) Lah. 274; Messrs Hamdard Dawakhana v. Commissioner of Income Tax PLJ 1980 SC 84; S. Maruf Ahmad Ali v. Punjab Public Service Commission PLD 1985 Lah. 426); Punjab Public Service Commission v. ~. Maruf Ahmad Ali PLD 1988 SC 356; Zubair Ishtiaq Qureshi and others v. The Chairman of Academic Council and Principal of Sindh Medical College etc. 1993 CLC 1675; Molasses Trading & Export (Pvt.) Limited v. Federation of Pakistan 1993 SCMR 1905 and Asian Food Industries v. Pakistan and others 1985 SCMR 1753 ref. ORDER Through this writ petition under Article 199 of the Constitution of Islamic Republic of Pakistan, Karim Bakhsh petitioner has prayed for a direction to the respondents to cancel the result showing him 'fail' in Paper VI of LL.B Part I, being illegal and without jurisdiction and to declare him successful therein and then after issuing a result card in this behalf allow him to appear in the forthcoming LL.B Part II Examination. 2. The facts, relevant for the…
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