Law:

Section:

Punjab University Calendar, Vol. l-------Para. 3---Constitution of Pakistan (1973), Art.199---Constitutional petition--­Student of Physiotherapy was awarded 44 marks in viva voce/practical of Final Examination of B.Sc. Physiotherapy and was declared failed in the whole examination just by getting one mark less than required in viva voce examination---Validity---Student sought direction against University that he be re-examined by another examiner and thereafter declaration of his result in the light of re-examination be made---Entitlement---Where Court was satisfied that marks awarded to student in viva voce/practical examination prima facie on the face of record appear to suffer from lack of bona fide and were not in consonance with the position which such student had obtained in written papers, and that the same suffered from arbitrariness, Court can intervene to do justice and order re-evaluation of marks awarded to student in viva voce examination in the same manner as same can be done in relation to marks awarded in written paper as permissible under University Calendar---Serious allegations having been made against Principal who was one of examiners in viva voce and the fact that after inquiry he was removed by Chairman, Medical Board of Studies as Internal Examiner and that marks awarded to student in viva voce examination were not in consonance with the position which he had obtained in written papers; and he was made to fail by only one mark would furnish strong evidence to hold that on the face of record there appeared to be mistake in of examiners as regards award of marks on viva voce examination---Award of marks in said examination was directed to be re-evaluated by holding viva voce examination afresh by a set of examiners other than those who had already examined petitioner and thereafter result of student be declared. JUDGMENT In this Constitutional petition the petitioner has prayed for a declaration that the act of respondent No.2 for awarding him 44 marks in viva voce/practical of the Final Examination of B.Sc. Physiotherapy is mala fide and a direction has been sought against respondent No. l that the petitioner be re-examined by another…

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