Law:

Section:

University of the Punjab Act (IX of 1973)--S.32 --- Calendar of University of Punjab, Regln. 6 --- Constitution of Pakistan (1973), Art. 1850 --- Respondent having appeared in M.S. (Thorasic Surgery) failed to obtain qualifying marks in paper of general surgery --- Respondent' s claim that some pages of his answer book were missing and that he be awarded average marks was not accepted --- Respondent's Constitutional petition succeeded and petitioner (University) was directed to award him average marks --- Validity --- First proviso to Regln.6, Calendar of University of Punjab would take care of situation where answer book received by examiner was lost before or after evaluation so as to ' entitle candidate for award of average marks obtained by him in other papers --- Respondent's case was fully covered for six pages of his answer book were found missing --- Respondent, having secured more than 60 per cent. marks in other two papers, was entitled to 61 marks in paper of general surgery --- High Court, while directing petitioner to award average marks to respondent, thus, committed no error in interpreting Regln. 6, Calendar of University of Punjab --- Leave to appeal was refused in circumstances. ORDER MANZOOR HUSSAIN SIAL, J.---This petition under Article 185(3) of the Constitution of the Islamic Republic of Pakistan, 1973, has been filed by the University of the Punjab and another, hereinafter referred to as "petitioners" seeking leave to appeal against judgment dated 28-2-1993,' of the Lahore High Court, whereby Writ Petition No. 10639/92 filed by the respondent was allowed. 2. The facts in brief, giving rise to this petition, are that Dr. Aamer Mahmud Ijaz respondent herein, appeared in M.S. Thoracic Surgery Examination held by the petitioners, in the month of July, 1992. The aforesaid examination consists of three papers, namely, (i) General Surgery, (ii) Thoracic Surgery and (iii) Pathology. The respondent secured 40, 60 and 62 marks respectively in the three papers. The result was declared on 12-9-1992 and he failed in the examination, as he could not obtain qualifying marks in the first paper. He immediately applied to the petitioners for rechecking of…

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