Law:

Section:

Calendar of the University of Peshawar (1991-92)--Rr. 21, 22, 23, 24 & 25---Constitution of Pakistan (1973), Art:185(3)---. Candidates having appeared in Annual Examination of final professional M.B.,B.S. were declared failed in subject of Ophthalmology---Candidates claimed in Constitutional petition before High Court that they had done better than non-contesting candidates in Ophthalmology paper and yet they were declared failed while non-contesting candidates were declared passed and that they were entitled to re-checking of answer books---High Court while examining Rr 21 to 26 of the Calendar of University of Peshawar concluded that Rr. 23 of the Calendar was inconsistent with R. 25 of Calendar of the University: Rule'23 of Calendar provided that only those candidates would be eligible for rechecking who had failed in relevant subject by not more than 5 marks while R.25 prescribed procedure for rechecking---Leave to appeal was granted to examine whether High Court in impugned order had correctly construed Rr. 21 to 25 and whether finding of High Court was correct that inconsistent with letter and spirit of R. 25 of the Calendar of University of Peshawar---Operation of impugned order was, meanwhile, suspended by Supreme Court. Board of Intermediate and Secondary Education, Lahore and another v. Mst. Salina Afroze and 2 others PLD 1992 SC 263 ref. M. Sardar Khan, Senior Advocate with Imtiaz Muhammad Khan, Advocate-on-Record for Petitioners. (in both petitions). Nemo for Respondents. Date of hearing: 2nd July, 1995. ORDER SAJJAD ALI SHAH, C.J.---By these petitions, leave is sought against judgment dated 16-11-1994 whereby Peshawar High Court has allowed to writ petitions filed by respondents. 1 to 8 in C.P.L.A. No. 88 of 1995 and respondent No.1 in C. P.L.A. No. 89 of 1995. Respondents/writ petitioners approached the High Court with the grievance that they appeared in the annual examination of final professional M.B.,B.S. held in 1993 but were declared failed in the subject of Ophthalmology, in spite of the fact that the paper of that subject was unconventional and the questions were difficult and above the standard of undergraduates. In that connection…

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