Law:

Section:

Bahauddin Zakariya University, Multan Act (III of 1975)--- ----Ss. 16(3), 28(2)(a), 32(2) & 33---Constitution of Pakistan (1973). Art.199--- Constitutional petition--- Educational Institution--Examination---Increase in pass marks--Powers of Vice-Chancellor---Petitioners who were admitted in the Faculty of LL. M., took examination, but were declared failed on the ground that they could not get 60% marks in one paper each---Contention of petitioners was that under Regulation 15(vi)(a) that candidate should get at least 50% marks in each .paper and as petitioners qualified on the touchstone of the Regulations, were required to be declared as pass---Vice-Chancellor vide order amended the relevant Regulation which was approved by the Syndicate and was notified accordingly---According to said notification existing pass marks and aggregate percentage was revised as 60% pass marks in each paper---Vice-Chancellor no doubt had the power in, emergent cases under S.16(3) of Bahauddin Zakariya University, Multan Act 1975, to pass any order called for in the circumstances of the case, but, he was required to refer the matter to Authority concerned which in the ordinary course of system and under the law required to take that action---Action taken by the Vice-Chancellor was an amendment in the existing Regulation---Under 5.33 of Bahauddin Zakariya University, Multan, Act 1975, procedure to amend a Regulation was the same which was required for creation of a Regulation---Process of bringing about the amendment in the Regulation was not followed by the respondents---Notification in question indicated that proposal for impugned/disputed amendment in the Regulation was made by the Vice-Chancellor on the recommendation of the Principal of University Law College, who, in his capacity, figured nowhere to make such a recommendation---Amendment brought in Regulation, 15(vi)(a) whereby pass marks had been changed from 50% to 60% was without any lawful authority and of no legal effect---University was directed to declare the result of the petitioners on the basis of original text of the Regulation. ORDER MUHAMMAD KHALID ALVI, J.--- Through this single order I propose to decide Writ…

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