Case Details

Citation(s)
1998 SLG 1428 1998 SLD 1428 1998 SCMR 836
Supreme Court of Pakistan
Civil Appeal No.249 of 1994, decision dated: 27-02-1998
NASIR ASLAM ZAHID AND KAHLIL-UR-REHMAN KHAN, JJ

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UNIVERSITY OF THE PUNJAB and others

VS

ASIM ABBAS

Law:

Section:

(a) Calendar of the University of the Punjab, 1990--Regln. 6---Constitution of Pakistan (1973), Art. 185(3)---Answer book of examinee having been lost he was required to re-appear in English Paper 'B' of B.A. Examination ---Examinee claimed average marks on bas of marks obtained by him in other papers---University declined examinee's such request whereupon he approached High Court which directed University to give him average marks in relevant paper---Validity---Leave to appeal was granted to consider that if answer book received by Examiner was lost before or after evaluation, average marks obtained by examinee in other papers in which he had appeared, would be awarded to him in said paper; where, however, examinee's paper was lost after having been received by Superintendent of Examination Centre or by one of his Assistants, and if he had passed in all other subjects of examination, he would be required to appear in that one paper which was lost (b) Calendar of the University of the Punjab, 1990--- ----Regln. 6---Regulation 6 of the Calendar of University ---Applicability--­Extent---Loss of examinee's answer book---Effect---Case of examinee was that answer book was lost in Store Section ---Examinee had been associated in any conducted by the University and examinee's own case in his Constitutional petition was that answer book had been lost or misplaced in Store Section, therefore, same never reached the Examiner---First proviso to Regln. 6 would come into play only after answer book was received by Examiner--­Answer book in question having not been received by Examiner, main rule in Regln. 6 would be applicable which required that examinee should appear in said paper again and that he could not be given average marks on basis of marks obtained by him - in other papers---Judgment of High Court whereby University was directed to give average marks to examinee in lieu of his lost paper, on basis of marks he had obtained in other papers, was set aside and University was directed to make arrangements for holding examination of said examinee in relevant paper---Court desired that University should hold enquiry against employees who were responsible for ,loss of…
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