Law:

Section:

Educational institution-------Admission---Course of Master Degree having four semesters--­Marks criteria for promotion in 4th semester as fixed in first notification was 1.75 CGPA---Petitioner obtained 1.98 CGPA in examination of 3rd semester held under first notification, but was not promoted in 4th semester due to subsequent change in marks' criteria fixing 2.00 CGPA for such promotion---Validity---No change had been brought in first notification till appearance of petitioner .in examination of 3rd semester and passing same---Petitioner had, thus, acquired vested right and legitimate expectation for such promotion---Subsequent change in marks' criteria would not affect such right of petitioner---New criteria could not be applied retrospectively to destroy and prejudice right earned by petitioner---High Court directed University Authorities to promote petitioner to 4th semester for having qualified according to criteria laid down in first notification. Liaqat Ali Malik for Petitioner. Rashdeen Nawaz Kasuri along with Muhammad Aslam, Admn. Officer for Respondents. Date of hearing: 23rd September, 2004. JUDGMENT The petitioner was admitted in the respondent-University as M.Sc. Statistics student, which course has four semesters. He has qualified first two semesters and for the third semester, had appeared for the examination after 31-3-2004. On 31-3-2004, a notification was issued by the respondent-University indicating that, for the promotion of a student to the fourth semester, 1.75 CGPA is required. The petitioner, had obtained 1.98 CGPA in the third semester and, therefore, was qualified to be promoted to the fourth semester; but this has been declined by the respondent-University for the reason that, according to the subsequent notification of the University dated 12-5-2004, the passing CPGA is 2.00 the petitioner is aggrieved of this notification and his case is that, because he had appeared in the examination according to the notification dated 31-3-2004, which requires the qualification of 1.75 CGPA, therefore, having obtained marks more than required, he should have been promoted. And any subsequent change in the marks' criteria for the promotion, shall…

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