| Citation(s) |
|---|
| 1999 SLG 231 1999 SLD 231 1999 SCMR 2405 |
Supreme Court of Pakistan
Civil Petition for Leave to Appeal No.121-L of 1998, decision dated: 8-07-1998. (On appeal from the judgment dated 20-11-1997 passed by Lahore High Court, Multan Bench in I.-C.A. No. 218 of 1997)
IRSHAD HASAN KHAN AND CH. MUHAMMAD ARIF, JJ
Sardar Muhammad Latif Khan Khosa, Advocate Supreme Court instructed by S. Abul Aasim Jafri, Advocate-on-Record for Petitioner. Ch. Abdul Saleem, Advocate Supreme Court and Ch. M. Aslam, Advocate-on-Record for
Respondents
Civil Petition for Leave to Appeal No.121-L of 1998, decision dated: 8-07-1998. (On appeal from the judgment dated 20-11-1997 passed by Lahore High Court, Multan Bench in I.-C.A. No. 218 of 1997)
IRSHAD HASAN KHAN AND CH. MUHAMMAD ARIF, JJ
Sardar Muhammad Latif Khan Khosa, Advocate Supreme Court instructed by S. Abul Aasim Jafri, Advocate-on-Record for Petitioner. Ch. Abdul Saleem, Advocate Supreme Court and Ch. M. Aslam, Advocate-on-Record for
Respondents
MUHAMMAD JAFFER HUSSAIN
VS
CHAIRMAN, BOARD OF INTERMEDIATE AND SECONDARY EDUCATION, D. G. KHAN and others
Law:
Section:
Educational institution--Constitution of Pakistan (1973), Arts. 185 (3) & 199---Evaluation of answer books---Constitutional jurisdiction, exercise of---Candidate dissatisfied with his result of examination applied for re-checking of his answer books---No decision having been taken on the application, civil suit was filed by candidate for reevaluation of answer books which was subsequently withdrawn---Constitutional petition and Intra-Court appeal of candidate were dismissed---High Court in-Intra-Court Appeal had observed that evaluation of papers could not be resorted to in Constitutional jurisdiction of High Court---Validity---Marking of answer books was a job to be performed by expert in subject concerned and High Court in exercise of its Constitutional jurisdiction was not required to evaluate papers in any other manner---Candidate had not urged that any one of the examiners was inimically disposed towards him---Parental jurisdiction exercised by Education Board was rightly not interfered with by High Court. JUDGMENT IRSHAD HASAN KHAN, J.---This petition for leave to appeal is directed against the judgment dated 20-11-1997 passed in Intra-Court Appeal No.218 of 1997, whereby the order dated 31-10-1997, dismissing the Writ Petition No.8327 of 1997, was upheld. 2. Brief facts are that the petitioner appeared in Intermediate I-Annual Examination, 1996 (Pre-Engineering) under Roll No. 6789. The result was declared in October, 1996. The petitioner being dissatisfied with the result applied for re-checking of the answer books in papers of Chemistry, Mathematics, Pakistan Studies and Urdu, after depositing the requisite fee. 3. The case of the petitioner is that no decision was taken on his application. Consequently, he could not avail the examination of 1997. However, he filed a civil suit before the Court of Ch. Muhammad Siddique, Civil Judge, 1st Class, D.G. Khan, for the re-evaluation of his scripts (Solved Answer-Books), for Intermediate (Annual) Examination, 1996. The suit was later withdrawn. 4. The petitioner thereafter filed Writ Petition No.8327 of 1997, which was dismissed. The Intra-Court Appeal filed by the petitioner also met the same fate. It…
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