Law:

Section:

Educational institution-------Re-evaluation of answer-book of candidate---Marks obtained by candidate in one paper having been found by candidate below his expectation, he applied for re-checking of the said paper and on re­checking it was found that due to inadvertence 10 marks were omitted to be added in grand total and said mistake was rectified and during process of re-checking it was found that all questions attempted by candidate were duly marked---Application moved by candidate to Vice-Chancellor for re-evaluation of answer-books of candidate was dismissed without assigning any reason---Candidate had not alleged that his result was not correctly compiled or that answer-books were not in his handwriting--­Regulation 23 of Chap. VII (Conduct of Examinations) of Calendar of University did not create a statutory right in favour of candidate to get his papers re-evaluated---Discretion given to Vice-Chancellor under said Regulation was not to be used as a rule, but in exceptional cases wherein the opinion of Vice-Chancellor, was a strong ground to believe, that answer-book had not been justly evaluated---When, in such cases, exercise of discretion was an exception and non-exercise thereof was a rule, there was no reason to be given for refusing to exercise the discretion---When the answer-book of candidate was re-checked and mistake in the calculation was rectified and it was found that all the questions, -attempted were duly marked and no question was left unmarked and when there was no allegation that script was not in the handwriting of candidate and only objection was with regard to the evaluation, University was not obliged or legally bound to get answer-book of candidate re-evaluated--Application of candidate for re-evaluation of answer book, was rightly rejected, in circumstances. Mian Mushtaq Ahmad for Petitioner. Muhammad Tariq Rajwana for Respondents. ORDER Petitioner has filed this Constitutional petition alleging that he is a student of M.A. in Bahau-ud-Din Zakariya University, Multan. He passed B.A. (Annual) Examination, 1999 from the said University obtaining 455 out of 800 marks. He was awarded 79/200 marks in the subject of English Language (41…

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