| Citation(s) |
|---|
| 2004 SLG 1881 2004 SLD 1881 = 2004 CLC 1080 |
Lahore High Court
Writ Petition No. 15933 of 2003, heard on 11-03-2004.
TASSADUQ HUSSAIN, JILANI, J
Writ Petition No. 15933 of 2003, heard on 11-03-2004.
TASSADUQ HUSSAIN, JILANI, J
FATIMA-TUZZAHRAvsGOVERNMENT COLLEGE UNIVERSITY, LAHORE and 3 others
Law: Government College University, Lahore Examination Rules, 2007
Section: 12.12
Law: Constitution of Pakistan 1973
Section: 199
(a) Government College University, Lahore Examination Regulations------- Regln. 12.12---Constitution of Pakistan, (1973), Art. 199--�Constitutional petition---Petitioner joined University in tae year 2000 for M.A. Economics program, she had to discontinue the course due to family constraints ---Later in 2001 she again joined the same course which at that time had been changed into M.Sc. Economics--�Subsequently, in the combined result of Part I and II of the M.Sc. Economics program in 2003 she secured the highest marks---University through impugned notification missed her name as the highest scorer in the said program thus depriving her of the gold-medal that was to be awarded by the University to the candidate who topped the list--�Petitioner ,through Constitutional petition challenged the vires of the impugned notification-Contention of the University, was that since the petitioner had left the University in Part I of M.A. Economics, and her name was struck off from the rolls for non-appearance in the final Part I Examination of the said program, therefore, she would be considered to have exhausted the chance of having, availed an attempt and, therefore, her appearance in M.Sc. Economics Part I Examination in the year 2001 would be considered as a second attempt---Validity---Regln.12,12 of Government College University, Lahore Examination Regulations provided for the award of gold medal to the highest scorer, in case the candidate had passed the examination in first attempt---Word "attempt" was not defined in the said Regulations---Interpretation of the word "attempt" appearing in Regln.12.12 of the Regulations---Petitioner had never signed the examination form when she first took admission in 2000 in M.A. Part-1, thus, she did not sit for the examination for that year--�Word "attempt" was distinguished from the word "chance" appearing in Regln.3 of the M.B.,B.S. prospectus of the Government of the Punjab, as the latter word meant that a chance would be deemed to have been availed by the candidates even if they had not actually appeared in the examinations---No such intention as of word "chance" was manifest in said Regln.12.12---When the petitioner…